Dean K. Buckley v. National Labor Relations Board, and System 99, Intervenor

Dean Buckley has petitioned this Court to review a decision by the N.L. R.B. dismissing unfair labor practice charges brought against both intervenor, System 99, and Line Drivers Local No. 468 of the International Brotherhood of Teamsters. Buckley’s charges were dismissed on the grounds that the record before the Board was insufficient to support the Trial Examiner's conclusions that the Union caused System 99 to discriminatorily discharge Buckley because he was not a union member.

System 99 is a trucking company employing both local and long-distance “line” drivers. The collective bargaining agreement between the company and the union divides the line drivers into three categories. First, there are “regular bid drivers” who bid for particular trips. Second are the “extra board drivers” who receive jobs if there are runs remaining after the regular bid drivers have secured work. The third class encompasses “casual drivers”. These men work only when there are more assignments than those which can be handled by both the regular bid drivers and the extra board drivers.

Unlike the other categories, casual drivers do not have seniority rights and are not permanent employees of the…