General Teamsters, Auto Truck Drivers & Helpers Local 162 v. Mitchell Bros. Truck Lines

This is an appeal from a summary judgment confirming and enforcing the award of an arbitrator in a labor dispute.

BACKGROUND

Appellant Mitchell Bros. Truck Lines (Mitchell) transports goods in intra and interstate commerce. A substantial part of its freight is carried by tractors leased from owner-operators. In addition to this leased equipment, Mitchell also maintains a fleet of tractors driven by employees of the company. Mitchell, therefore, utilizes two classes of workers. One, sometimes referred to as “A” employees, are the drivers of equipment owned by Mitchell. The other the so-called “B” employees, consists of individuals that own and operate their own trucking equipment. It is the status of these “B” employees that gave rise to the dispute in this case.

The appellee, General Teamsters, is the bargaining agent for Mitchell’s employees. John D. Buchanan, the intervenor, is a lease-driver and, along with Mitchell, opposed the motion for summary judgment.

*765 In 1973, there was a five month strike. Mitchell operated during the strike by replacing all of its striking employees, including the owner-operators. The strike was settled in April, 1974, when Mitchell and the…

dissenting:

I dissent. The majority opinion makes two errors. It denies appellees review of the arbitrator’s decision on questions of federal labor law, and it denies review of the arbitrator’s decision to a person who may or may not have been a party to the arbitration.

A. Questions of Federal Law

The arbitrator decided that, under the collective bargaining agreement, certain individuals were “employees” for purposes of that agreement. Appellees here argue that enforcement of the arbitrator’s decision would violate federal labor law, specifically 29 U.S.C. §§ 157 , 158, and 186(c)(5). The resolution of this question involves a determination as to whether those individuals are “employees” under federal labor law. See Joint Council of Teamsters, No. 42 v. Associated General Contractors, 662 F.2d 531 (9th Cir. 1981), aff’g 520 F.Supp. 3, 4 (C.D.Cal.1981); Local 814, International Brotherhood of Teamsters v. NLRB, 512 F.2d 564 , 566-67 (D.C.Cir.1975). The majority, however, accepts the findings of the arbitrator as dispositive on this issue.

This is error. The Supreme Court made clear in Barrentine v. Arkansas-Best Freight System, Inc., 450 U.S. 728, 737-46 , 101 S.Ct. 1437,…