National Labor Relations Board v. Local Union 396, International Brotherhood of Teamsters

The National Labor Relations Board seeks enforcement of its order (1) requiring Local 396, International Brotherhood of Teamsters, Chauffeurs, Warehouse-men and Helpers of America [the “Union”] and its Secretary-Treasurer, Matula, to cease specified violations of section 8(b)(1)(A) of the National Labor Relations Act ( 29 U.S.C. § 158 (b)(1)(A)), (2) directing the Union to proceed promptly to arbitration over the grievances of nine employees in respect of the senior *1077 ity dates assigned to each, (3) permitting the aggrieved employees to retain counsel independent of the Union to represent them in the arbitration, and (4) requiring the Union to pay the employees’ counsel fees. The Union and Matula resist enforcement contending that (1) the evidence was inadequate to sustain the Board’s determination that they breached their duty of fair representation to the named employees, (2) arbitration is inappropriate because the employees’ seniority grievances have no colorable merit, and (3) no substantial basis exists to support the requirement that the Union pay the employees’ legal fees.

The employees involved here are “feeder drivers” for United Parcel Service [the…