Teamsters Local Union 58 v. BOC Gases

For eight years, Tim Kilby, a member of the Teamsters Union, drove a delivery truck for BOC Gases, an industrial distri-buter of hazardous gases. During his tenure, Kilby experienced his share of occupational mishaps. But these incidents paled in comparison to the comedy of errors that characterized his last delivery for BOC.

I. FACTS AND PROCEDURAL HISTORY

A. The SEH Delivery

The star-crossed events began with Kil-by’s arrival at SEH America, a microchip manufacturer which had requested a supply of oxygen. In typical fashion, he connected his truck’s oxygen tank to SEH’s dedicated storage facility. As he started to download the gas, however, he noticed a problem. The power take off valve on his truck, a device which regulates the flow of oxygen, was shutting off prematurely, preventing him from filling SEH’s tank. Unable to repair the valve, Kilby called the BOC truck shop and requested an on-site mechanic. The shop attendant declined his request, instead suggesting a makeshift solution. The attendant instructed Kilby to rev the truck’s engine, theorizing that the additional power would open the valve. Although simple in principle, this temporary fix proved difficult in…