Chipman Freight Services, Inc. v. National Labor Relations Board

843 F.2d 1224 128 L.R.R.M. (BNA) 2099 , 56 USLW 2647 , 108 Lab.Cas. P 10,430 CHIPMAN FREIGHT SERVICES, INC., a subsidiary of Chipman Corporation, a California corporation, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Brotherhood of Teamsters and Auto Truckdrivers Local 70 of Alameda County, Real Party in Interest. No. 87-7135. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 8, 1987. Decided April 7, 1988. George J. Tichy, II, Littler, Mendelson, Fastiff & Tichy, San Francisco, Cal., for petitioner. Charles Donnelly, N.L.R.B., Washington, D.C., for respondent. On Appeal from an Order of the National Labor Relations Board. Before FLETCHER, FARRIS and O'SCANNLAIN, Circuit Judges. O'SCANNLAIN, Circuit Judge: 1 Chipman Freight Services ("Chipman") appeals from an order of the National Labor Relations Board ("Board" or "NLRB") determining that a "primary" labor dispute existed between Chipman and Teamsters' Local 70 ("the Union") such that the Union's picketing on behalf of independent contractors against Chipman did not violate section 8(b)(4)(B) of the National Labor Relations Act, 29 U.S.C. Sec. 151 et seq. ("NLRA"). BACKGROUND 2 Chipman…