National Labor Relations Board v. Adams Delivery Service, Inc.

The N.L.R.B. petitions for enforcement of its order requiring respondent Adams Delivery Service, Inc., to reinstate employee Dennis Wilson with back pay and no loss of seniority rights. We grant the Board’s petition to enforce. The Board’s order is reported at 237 N.L.R.B. No. 140.

I. BACKGROUND

Adams Delivery Service, Inc. (hereafter “Adams”) is a California trucking firm which provides local delivery service for pharmaceutical products at three locations. At the time this case came before the Board, Adams employed approximately 25 drivers at its Oakland terminal, three drivers at Sacramento, and nine in the Los Angeles area. The present case arises out of an incident which occurred at the Sacramento facility.

The Board alleges that Adams committed an unfair labor practice when it discharged Sacramento driver Dennis Wilson on March 1, 1977, following Wilson’s consultation with a union business representative regarding an overtime pay dispute. The circumstances of this case require that we develop Wilson’s employment background with Adams in some detail.

Wilson came to work for Adams as a delivery truck driver on January 3, 1977. Wilson had previously worked in a similar…