National Labor Relations Board v. General Truck Drivers

545 F.2d 1173 93 L.R.R.M. (BNA) 2747 , 79 Lab.Cas. P 11,705 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. GENERAL TRUCK DRIVERS, WAREHOUSEMEN, HELPERS AND AUTOMOTIVE EMPLOYEES, LOCAL 315, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, Respondent. No. 75-3474. United States Court of Appeals, Ninth Circuit. Oct. 12, 1976. Michael S. Winer, Atty. (argued), of NLRB, Washington, D.C., for petitioner. Kenneth L. Silbert (argued), of Brundage, Neyhart, Beeson & Taylor, San Francisco, Cal., for respondent. Before MERRILL, TRASK and CHOY, Circuit Judges. MERRILL, Circuit Judge: 1 Pursuant to § 10(e) of the National Labor Relations Act, 29 U.S.C. § 151 et seq., the National Labor Relations Board has applied for enforcement of its order issued against General Truck Drivers, Warehousemen, Helpers and Automotive Employees, Local 315 (hereinafter "the Union"), with reference to an alleged unfair labor practice which occurred in Concord, California. The Board's decision and order are reported at 217 N.L.R.B. No. 95 (1975). The Board found the Union violated § 8(b)(1)(A) of the Act because it breached the duty of fair representation…