Uscp-Wesco, Inc. v. National Labor Relations Board, United Food and Commercial Workers Union, Intervenors

The issue in this case is whether the National Labor Relations Board properly quashed notice of a hearing in a proceeding under section 10(k) of the National Labor Relations Act (“NLRA”), 29 U.S.C. § 160 (k). That section provides for the resolution of jurisdictional disputes when it is charged that a union is attempting to force an employer to assign work to its members in violation of 8(b)(4)(D) of the NLRA, 29 U.S.C. § 158 (b)(4)(D). The Board found that under section 10(k) and section 8(b)(4)(D), this was not a jurisdictional dispute. Petitioners contend that we must reverse the NLRB ruling because of our decision in Waterway Terminals Co. v. NLRB, 467 F.2d 1011 (9th Cir.1972). We affirm.

FACTS

Workers at Safeway’s southern California grocery stores belong to the United Food and Commercial Workers Union (“UFCW”). Some Safeway workers are “general merchandise clerks,” responsible for nonfood merchandise. From about 1964 until 1983, when nonfood items were delivered to the Safeway stores from Safeway’s variety warehouse, they were checked, separated, priced, and shelved by the general merchandise clerks. These clerks would also dust, rotate, and arrange the shelved merchandise…