“Hot cargo” agreements are agreements between an employer and a union in which the employer agrees not to process or deal with the cargo or products of another person with whom the union is arguing. Section 8 of the National Labor Relations Act prohibits unions and employers from entering into an agreement in which the employer undertakes to abstain from another employer`s products or to cease operations with another person. Employers should bear in mind that the clause is illegal when the suspicion clause in a collective agreement is intended to use union members in general as they differ from workers in the collective agreement unit. Conversely, the clause is generally legal when it comes to maintaining the work of the tariff unit or the other unit of benefits. The hot freight agreement is a voluntary agreement between a union and a neutral employer. In this agreement, a neutral employer agrees to pacify another employer with which a union is arguing. The neutral employer also undertakes to cease or refrain from using, selling, transporting and marketing products from an employer that the union has characterized as unfair. However, the “Hot Cargo” contract was abolished by the Landrum-Griffin Act of 1959. The legality of an agreement often depends on whether the union`s objective is to maintain work for the primary employer`s employees or whether the agreement is calculated to reflect the union`s objective elsewhere. And the difference between the two can be very small. The example below is an example of case law on the definition of hot agreements: with some exceptions, an employer cannot enter into an explicit or tacit agreement with a union in which the employer agrees to stop manipulating, using, selling, transporting or otherwise acting on another employer`s products. The hot freight agreement is an agreement between an employer and a union in which the employer agrees not to handle or work the cargo or product of another person with whom the union is arguing. [Balicer v.
International Longshoremen`s Asso., 364 F. Supp. 205, 212 (D.N.J. 1973)] There are exceptions to previous work in the construction industry for certain subcontracting jobs and for agreements in the apparel industry that deal with employers working on goods or in a producer`s businesses.Back to Blog