Teamsters, Chauffeurs, Helpers and Delivery Drivers, Local 690 v. National Labor Relations Board

This is an appeal from an order of the District Court for the Eastern District of Washington dismissing Appellant’s amended complaint for lack of subject matter jurisdiction. Appellant sought to have the District Court set aside a decision made by the National Labor Relations Board and to order the Board to conduct an election.

Appellant filed a petition with the Board pursuant to Section 9(c) of the National Labor Relations Act, as amended ( 61 Stat. 136 , 73 Stat. 519 , 29 U.S.C. § 151 et seq.), hereinafter called “the Act”, seeking to be certified as bargaining representative for some thirty-five truck drivers employed by the Boise Cascade Corporation. The Appellant urged the Board to find that a craft unit limited to truck drivers or truck drivers and mechanics was appropriate and that those employees should be severed from the existing plant unit comprising all of the employer’s production and maintenance employees currently represented by the Lumber and Sawmill Workers Union. The employer and incumbent union urged that the larger production and maintenance plant unit was appropriate and that the Board should refuse to sever the craft unit.

After a full hearing, the Board…