National Labor Relations Board v. Joint Council of Teamsters No. 38, Teamsters Union, Local No. 87, and Arden Farms Co.

The National Labor Relations Board ■petitions for enforcement of its order directed against certain provisions of respondents’ collective bargaining agreement, which the Board held to be in violation of section 8(e) of the National Labor Relations Act.

I

The first of the challenged provisions, article 5, section 1, provides that each respondent employer “agrees to refrain from doing business with any person engaged in the distribution of fluid milk or ice cream products who has not executed this agreement.”

Respondents contend that the agreement embodied in section 1 of article 5 is not forbidden by the language of section 8(e), and, moreover, that it is not the kind of agreement which Congress intended to prohibit.

A.

Respondents’ argument based upon the statutory language begins with a division of section 8(e) of the Act into two parts ■ — the first prohibiting an agreement by an employer to “cease or refrain from handling, using, selling, transporting or otherwise dealing in any of the products of any other employer”; the second prohibiting an agreement by an employer to “cease doing business with any other person.”

1. Respondents contend that the first of these…