Atchison, Topeka & Santa Fe Railway Co. v. Locals Nos. 70, 85, & 315, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpersd

For the reasons stated in the opinion of Judge Peckham filed in the district court which we incorporate herein by appendix, we affirm the judgment below.

APPENDIX

In the United States District Court Northern District of California

Defendant union locals are parties to a collective bargaining agreement with Santa Fe Trail Transportation Co. (“Trail”), a motor carrier, dealing in part with the loading and unloading of trailers or vans. Trail in turn has an oral contract with Atchison, Topeka & Santa Fe R. Co. (“Railway”) under which Trail hauls highway trailers to and from customers of Railway, before or after said trailers have been carried “piggy-back” style by Railway.

One of the provisions of the collective bargaining agreement, requiring loading and unloading to be performed by employees working under the agreement, was found by the National Labor Relations Board (NLRB) to violate Section 8(e) of the National Labor Relations Act, 29 U.S.C. § 158 (e). Prior to this determination and the ensuing injunction against enforcement of the provision in question, the union locals extracted substantial payments from Trail to union members for work which would otherwise have…