Newspaper & Periodical Drivers' & Helpers' Union, Local 921 v. San Francisco Newspaper Agency

OVERVIEW

The San Francisco Newspaper Agency (“Agency”) appeals the district court’s order denying execution of a surety bond in the action by the Newspapers & Periodical Drivers’ Union, Local 921 (“Union”) seeking to enjoin the Agency from restructuring its newspaper delivery system pending arbitration. The Agency prevailed in the arbitration, the injunction was dissolved, and the Agency seeks to recover the bond posted by the Union.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

FACTS AND PROCEDURAL HISTORY

The Union represents district managers employed by the Agency. District managers deliver the San Francisco Chronicle and Examiner to youth carriers or adult carriers, who then deliver the papers to residential subscribers. The youth and adult carriers are independent contractors and are not represented by the Union.

In an effort to consolidate its delivery routes, the Agency notified the Union of its intent to eliminate a significant number of the youth carrier positions and replace them with adult carriers. The Agency’s rationale for this move was that the adult carriers deliver by car, and therefore each adult carrier can do the work of multiple…