National Labor Relations Board v. General Truck Drivers, Warehousemen, Helpers & Automotive Employees, Local 315

Pursuant to § 10(e) of the National Labor Relations Act, 29 U.S.C. § 151 et seq., the National Labor Relations Board has applied for enforcement of its order issued against General Truck Drivers, Warehousemen, Helpers and Automotive Employees, Local 315 (hereinafter “the Union”), with reference to an alleged unfair labor practice which occurred in Concord, California. The Board’s decision and order are reported at 217 N.L.R.B. No. 95 (1975). The Board found the Union violated § 8(b)(1)(A) of the Act because it breached the duty of fair representation it owed an employee who was laid off.

The facts upon which the Board supports its order are undisputed. The Union and two other unions had a collective bargaining agreement with an association of employers which included Rhodes & Jamieson, Ltd. (hereinafter “the Employer”), who employed Ted Holman, whose rights are the subject of this proceeding. Prior to 1972 the collective bargaining agreement did not provide for bumping rights. In 1972 the collective bargaining agreement added bumping rights by providing:

*1175 In October, 1973, the Employer announced its intention to close the delivery service for the building services…