Associated Independent Owner-Operators, Inc. v. National Labor Relations Board

Petitioner Associated Independent Owner-Operators, Inc. (AIOO) asks this court to review and set aside a decision of the National Labor Relations Board which dismissed a complaint based upon charges filed by petitioner, 168 N.L.R.B. No. 112.

AIOO filed two charges of violations of sections 8(b) (4) (ii) (A) and (B) of the National Labor Relations Act as amended against the International Union of Operating Engineers, Local Union No. 12 (Union). The charges were that the Union had threatened several contractors in the construction industry with strikes and picketing, with an object of forcing the contractors to cease doing business with two non-union “owner-operators” working on the job site, and of forcing them to join the Union.

The Board found that the owner-operators were “employees” of the contractors involved. It dismissed the complaint because, if the owner-operators were employees as the Board found, there could have been no “cessation of business” within the meaning of section 8(b) (4), and no object of forcing a “self-employed person” to join a union as alleged in the complaint. The only issue presented to us is whether the Board properly found that the owner-operators…