National Labor Relations Board v. Studio Transportation Drivers Local 399

The National Labor Relations Board (“the Board”) asks this court to enforce its order finding that Studio Transportation Drivers, Local 399 (“the Union”) committed an unfair labor practice against Hyo Choi Lim, who refused to join the Union. We have jurisdiction under 29 U.S.C. § 160 (e). We grant the Board’s application to enforce the order.

I. Background

Hyo Choi Lim (“Lim”) was an employee of Hilltop Services, a subsidiary of Universal Studios. The Union represented a bargaining unit of about ten air conditioning, electrical, and general maintenance technicians who work for Hilltop. Local 399 also represented about 2,500 drivers and wranglers employed by major motion picture studios. Under a collective bargaining agreement (“CBA”) between the Union and the studios, the studios were required to hire drivers and wranglers according to specific rules. The CBA’s rules were violated whenever a studio hired a driver or wrangler who was not on the Union roster. A studio could also violate the CBA by hiring a driver or wrangler from a lower seniority tier if an employee listed on a higher seniority tier was available. Within each seniority tier, however, a studio was free to…