Legal Definitions - secondary activity

In labor law, a secondary activity refers to actions taken by a labor union against a business or individual that is not directly involved in the primary labor dispute. The union's goal in engaging in a secondary activity is to exert economic pressure on this neutral third party so that it will, in turn, pressure the primary employer (the one with whom the union actually has a disagreement) to resolve the dispute in the union's favor.

These types of activities, such as picketing a neutral business or encouraging a boycott of its products or services, are generally prohibited under U.S. labor law, specifically the Labor-Management Relations Act. The law aims to protect neutral businesses from becoming unwilling participants and suffering economic harm in disputes that are not their own.

Example 1: Construction Supplier

• A union representing electricians is in a dispute over wages and benefits with "BuildWell Contractors," a large construction company. Instead of picketing BuildWell's job sites, the union decides to picket "BrightLights Electrical Supply," a company that sells electrical components to BuildWell Contractors and many other construction firms. The union's picket signs at BrightLights urge customers not to buy from them until BrightLights stops supplying BuildWell Contractors.
• Explanation: BrightLights Electrical Supply is a neutral third party; it has no direct involvement in the wage dispute between the union and BuildWell Contractors. The union's action of picketing BrightLights is a secondary activity because it aims to pressure BrightLights to cease doing business with BuildWell Contractors, thereby indirectly forcing BuildWell to concede to the union's demands.

Example 2: Retail Store Boycott

• Employees at "FashionForward Apparel," a clothing manufacturer, go on strike due to unsafe working conditions. To increase pressure on FashionForward, their union launches a campaign urging consumers to boycott "TrendyThreads Boutique," a popular retail chain that sells a significant amount of FashionForward's clothing. The union distributes flyers outside TrendyThreads, asking shoppers to buy their clothes elsewhere until TrendyThreads stops stocking FashionForward products.
• Explanation: TrendyThreads Boutique is a neutral party in the dispute over working conditions at FashionForward Apparel. The union's call for a boycott against TrendyThreads is a secondary activity because it targets a business that is not the primary employer in the dispute, with the intent of forcing TrendyThreads to sever its business relationship with FashionForward, thereby pressuring FashionForward to address the union's concerns.

Example 3: Warehouse Picketing

• A union representing truck drivers is negotiating a new contract with "Speedy Haulage," a trucking company, but negotiations have stalled. To escalate the dispute, the union begins picketing "Global Distribution Hub," a large warehouse facility that frequently uses Speedy Haulage for its shipping needs. The union's picketing disrupts Global Distribution Hub's operations, aiming to make it difficult for the warehouse to receive or send goods, thereby pressuring Global Distribution Hub to find another carrier or to urge Speedy Haulage to settle with the union.
• Explanation: Global Distribution Hub is a neutral third party; it is not involved in the contract dispute between the union and Speedy Haulage. The union's picketing of Global Distribution Hub is a secondary activity because it targets a neutral business to disrupt its operations and compel it to pressure Speedy Haulage to resolve the primary labor dispute.