The Frito Company, Western Division v. National Labor Relations Board, National Labor Relations Board v. Retail Clerks Union Local 770

Two cases have been consolidated, both arise from a decision and order of the National Labor Relations Board (hereinafter called the Board) issued against respondent Employers and Unions on August 24, 1962 and reported at 138 NLRB 27 . One case, No. 18350, is before the Court on the petition of Frito Company, Western Division (hereinafter called Frito) for a review and modification of the Board’s order insofar as it denies certain relief requested by Frito. The other case, No. 18400, is a petition by the Board for enforcement of its order. The respondent Employers and Unions in case No. 18400 have been permitted to intervene in case No. 18350. In addition to the parties named, briefs have been received from American Bottlers of Carbonated Beverages and the American Research Merchandising Institute as amicus curiae. This Court has jurisdiction under Sections 10(e) and (f) of the National Labor Relations Act, as amended ( 61 Stat. 136 , 73 Stat. 519 , 29 U.S.C. § 151 et seq.)

For many years a dispute has existed between the respondent Unions and respondent Employers as to the latter’s right to permit the driver-salesmen of market suppliers to perform certain functions on the store…