National Labor Relations Board v. Brotherhood of Teamsters & Auto Truck Drivers Local No. 70 of Alameda County

The sole issue in this enforcement proceeding concerns the interpretation of sections of the National Labor Relations Act declaring it an unfair labor practice for a labor organization either to restrain or coerce an employer in the selection of his bargaining representative, section 8(b) (1) (B), 29 U.S.C. § 158 (b) (1) (B), 1 or to refuse to bargain collectively with an employer. Section 8(b) (3), 29 U.S.C. § 158 (b) (3). 2 The Board, in its Decision and Order reported at 183 NLRB No. 137 , concluded that the Union had violated these statutory provisions when it refused to negotiate with certain employers represented by *696 one Royster, the immediate past president of the Union.

After Royster was defeated in his attempt to gain reelection as Union president, he sought employment as a labor relations consultant for management. On behalf of one of his first clients, Wisinger Trucking Service, Inc., Royster dealt amicably with the Union for two months, during which period he investigated and instigated the resolution of several disputes and grievances against Wisinger. While subsequently attempting to resolve another grievance against Wisinger, however, Royster was told that the…