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Jimmy Hunter, business agent for Pipefitters Local 101, arranged a meeting with Ben Jenkins, the president of Interstate Plumbing and Heating Corporation. He told Jenkins that he had in his possession authorization cards signed by a "clear majority" of Interstate's shop employees, appointing Local 101 as their exclusive bargaining agent.
Hunter asked Jenkins to recognize the union immediately because it would "save [Jenkins] a lot of grief" and they could "get down to business." Jenkins said that he would bargain with Hunter only if a fair election were held with secret-ballot voting. Hunter left Jenkins's office and supervised the immediate formation of a picket line in front of Interstate's shop.
After some five weeks, no election had been requested, but the picketing continued. Jenkins petitioned the NLRB to stop the picketing.
The union claimed that the pickets were not violent and merely informed the public that Interstate refused to negotiate with the union. Is this picketing lawful under the NLRA? Decide.
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