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Abstract

The proper interpretation and enforcement of section 8(e) of the Labor Management Relations Act1 ("LMRA"), the so-called "hot cargo" provision of that Act, has become a pivotal question affecting many rights and remedies in the labor law field. Antitrust liability, arbitrabilitys and the legality of economic pressure directed at a nonsignatory to the collective bargaining agreement are all issues that may turn on the interpretation of section 8(e). Until recently, however, federal district courts had little opportunity to deal directly with issues arising under section 8(e). Instead, it was widely held that the only remedy for a section 8(e) violation was an unfair labor practice charge and a proceeding before the National Labor Relations Board ("Board").

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