Mammoth of California, Inc. v. National Labor Relations Board, Brotherhood of Teamsters, Local 70, Intervenor

Mammoth of California, Inc. petitions for review of an order of the National Labor Relations Board requiring it to bargain with the Brotherhood of Teamsters and Auto Truck Drivers, Local 70, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (the Union). The Board cross-petitions for enforcement of its order.

On June 13,1978 the Union was certified as the exclusive bargaining representative of all local pick-up and delivery drivers of Mammoth at its facility in San Leandro, California. Shortly thereafter, Mammoth informed the Union that its less-than-truckload operation in San Leandro had become unprofitable and would be eliminated. The Union then, on August 3 and October 2, 1978, filed unfair labor practice charges with the Board. After investigation, the Board’s Regional Director, on December 29, 1978, issued a complaint alleging refusal to bargain in violation of § 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(1), (5).

On April 13, 1979 Mammoth and the Union entered into a settlement agreement by which Mammoth agreed to make a lump sum payment to employees discharged as a result of its reduction in…