Hot cargo refers to a labor law concept concerning goods that are handled or produced by employers involved in disputes with a union. Under a hot cargo clause, employees may refuse to work with or handle products from a company that is on strike or from an employer deemed unfair by the union. While many hot cargo clauses were rendered illegal by the Taft-Hartley Act, some exceptions still exist.
Hot cargo is primarily used in labor law and union negotiations. It often arises in disputes involving collective bargaining agreements, where unions seek to protect their members' rights. This term is relevant in various legal areas, particularly in labor relations and employment law. Users may encounter hot cargo clauses in union contracts and should be aware of their implications when dealing with labor disputes.
Here are a couple of examples of abatement:
Example 1: A group of workers at a manufacturing plant refuses to unload shipments from a supplier that is currently in a labor dispute with their union. This action is supported by a hot cargo clause in their union contract.
Example 2: A unionized workforce at a construction site halts work on a project that involves materials sourced from a company on their union's unfair list. (hypothetical example)
The Taft-Hartley Act is a significant piece of legislation that impacted the legality of hot cargo clauses. It restricts certain union practices, including those that may involve hot cargo agreements. Additionally, the case of In re Blaney (30 Cal. 2d 643, 646, Cal. 1947) provides a legal definition of hot cargo and its implications.
| State | Hot Cargo Clause Status |
|---|---|
| California | Some hot cargo clauses remain enforceable under specific conditions. |
| New York | Hot cargo clauses are generally not enforceable due to Taft-Hartley restrictions. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Secondary Boycott | A refusal to handle goods from a company that is not directly involved in a labor dispute. |
| Strike | A work stoppage initiated by employees to enforce demands on their employer. |
If you find yourself in a situation involving hot cargo, consider the following steps:
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A hot cargo clause allows employees to refuse to handle goods from an employer involved in a labor dispute.