The collective bargaining agreement covering Southern California Edison Company and its employees represented by the IBEW stated in Article I that the company recognized all employee rights under Section 7 of the NLRA. In Article II, the union promised, in exchange for a company no-lockout promise, not to strike until the "methods provided for the settlement of disputes in the agreement have been utilized." Article V required unresolved grievances under the agreement to be submitted to arbitration. Two IBEW members were subjected to company discipline when they refused to cross picket lines. One employee refused to cross a line at Edison manned by striking Edison employees represented by the Utilities Workers. Gary Blum refused to cross a picket line established by strikers at the Freightliner Corporation when Edison sent him there on a service call. Blum was sent home and subsequently suspended for five days.
The union objected to this discipline, claiming that its members had a statutory right not to cross picket lines. By disciplining the employees, the IBEW charged that Edison had interfered with protected activity in violation of the collective bargaining agreement and Section 8(a)(1). Edison maintained that employees could not refuse to work under any circumstances because this privilege had been waived by the union through the no-strike clause.
Is the right to honor a picket line protected under the NLRA? If so, has the IBEW waived this right? Decide. [NLRB v. Southern California Edison, 107 LRRM 2667 (9th Cir.)]