National Labor Relations Board v. Local 85, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America

Good Law
454 F.2d 875·79 L.R.R.M. (BNA) 2437·1972 U.S. App. LEXIS 11680
United States Court of Appeals for the Ninth CircuitJanuary 24, 197225983California1,404 words

Opinion

Opinion

Koelsch, J.

Proceeding to enforce an order of the National Labor Relations Board.

Local 85 is the collective bargaining agent for truck drivers in San Francisco and San Mateo Counties, in the State of California. The dispute arose from the fact that two trucking firms, Victory Transportation Service, Inc. (Victory) and West Transportation, Incorporated (West), did not employ members of Local 85 when operating in San Francisco County. Victory and West are based, respectively, in Santa Clara and Contra Costa Counties, and have collective bargaining agreements covering their employees with unions other than Local 85.

Victory engaged in regular hauling for the customers of a South San Francisco liquor dealer, E. Martinoni, Incorporated (Martinoni). When making pickups at the Martinoni warehouse, Victory drivers loaded their own trucks, occasionally with the assistance of Mar-tinoni’s warehouse employees, who would deposit loaded pallets inside the trucks. On several of these occasions, representatives of Local 85 appeared at the scene and threatened Martinoni with picketing and shutdowns unless its employees stopped assisting the Victory drivers who, the union argued, were required to hire…

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