National Labor Relations Board v. Milk Drivers' Union, Local No. 753
National Labor Relations Board v. Milk Drivers' Union, Local No. 753
Opinion of the Court
This case is before the Court upon the petition of the National Labor Relations Board to enforce an order of the Board issued on June 27, 1966, against the re
The Board found and concluded that the Union, Associated and the dairies violated Section 8 (e) of the Act
The record discloses that Local 753 represents for purposes of collective bargaining transportation workers in the dairy industry in the metropolitan Chicago area whose transportation equipment is garaged or based in the Chicago metropolitan area. The territorial limitation on the jurisdiction of Local 753 is imposed by the International Teamsters Union. Drivers operating in the metropolitan Chicago milk industry whose equipment is based elsewhere are not subject to the jurisdiction of Local 753. A number of haulers who transport raw milk from Wisconsin to dairies in the metropolitan Chicago area are independent contractors who use their own equipment, operated by their own employees, and are parties to collective bargaining agreements with Wisconsin Locals of the International Teamsters Union.
Following contract negotiations in 1964 between Local 753 and Associated, who represented its member dairies, the respondent dairies during May 1964 executed collective bargaining agreements with Local 753 which in Article 43-B provide:
“ * * * All Dealers must employ members of Local 753 to operate the transportation equipment. The final date for full compliance shall be August 15, 1964.”
The issue presented for our determination on review is whether substantial evidence on the record considered as a whole supports the Board’s determination that the object of Article 43-B was to prohibit the dairies from dealing with the independent haulers whose employees are members of the Wisconsin locals, and therefore was a violation of Section 8(e).
If the Board’s factual findings are so supported its conclusion that the contract clause violated Section 8(e) as a form of secondary boycott is correct. National Woodwork Mfrs. Ass’n v. N.L.R.B., 386 U.S. 612, 87 S.Ct. 1250, 18 L.Ed.2d 357; Cf. N.L.R.B. v. Milk Wagon Drivers’ Union Local 753, 7 Cir., 335 F.2d 326, 328-329. In the latter case this Court said:
“The record as we decide gives substantial support to the Board’s findings of the Union’s unlawful objectives —to forbid contracting out of hauling except to employers whose employees were members of Local 753, and to compel Wanzer [a dairy] to disrupt an existing business relationship with PMA [a milk supplier] because Quality’s [a Wisconsin hauler] drivers were not members of Local 753.”
The Union contends that the record properly appraised and evaluated does not support the Board’s finding as to the objective of Article 43-B. In this connection the Union urges that the objective of the clause was merely to prohibit the contracting out of the over-the-road hauling and thereby to require the dairies to use their own employees, the bargaining unit represented by Local 753, for such purpose, and that such objective is a legitimate goal of collective bargaining.
The record reflects that the Board’s findings with respect to the objective of Article 43-B were not arrived at merely by reference to its express language. It was observed that the provisions “cannot be read in a vacuum”. The Board’s determination of the objective of the clause was based on a combination of factors, including the context of the circumstances leading up to the Union’s demand for such clause, the labor relations history of the subject, representations made by the Union’s officials and agents concerning the effect of the clause, and the consequences of viewing the clause as a total ban on contracting out of over-the-road hauling on the segment of Local 753’s membership currently so employed by independent haulers.
The Union, on the basis of the contract’s union security clause, equates the expression “members of Local 753” used in Article 43-B with “employees” of the signatory dairy and interprets the clause as imposing merely a total ban on the contracting out of the hauling. But consideration of the body of the evidence relating to the factors above mentioned negates a conclusion that such was the objective of the clause or that it was intended to do other than eliminate the limiting effect, numerically, on Local 753’s potential source of prospective members resulting from- the operation of the Wisconsin-based independent haulers,
There is evidence that, at least since the early 1950’s, Local 753 was concerned
“All dealers must employ members of Local 753 to operate their equipment.”
No formal discussion of what would be required by the proposed clause took place during the negotiation sessions. Haggerty did assert, however, that Article 44 had not accomplished its objective, and the new provision was necessary to “take care of the transportation situation”. Midway through the negotiations, the Union, sua sponte, changed the language of the proposed clause to substitute “the transportation equipment” for “their equipment”,
There is evidence that after the negotiations were concluded McNulty in
Thus, in the light of the record, the Union’s attempt to interpret Article 43-B as merely a prohibition on the contracting out of the over-the-road hauling does not square with the Union’s expressed objective and its activities with respect to the subject matter. In the area here involved the record reflects a concern of Local 753 in increasing its membership at the expense of the Wisconsin locals rather than the protection of the work opportunities of its bargaining unit — a concern with membership, not jobs. And the Union’s interpretation of the effect of Article 43-B on the independent haulers with which the Union had collective bargaining agreements was wholly inconsistent with an interpretation of the clause as imposing a total ban on the contracting out of over-the-road hauling by the dairies. The Union indicated it would be satisfied if the hauling were performed by “members of Local 753” irrespective of whether they were employees of the dairies or employees of independent haulers.
Moreover, the immediate effect of Article 43-B if it be regarded as prohibiting the contracting out of the over-the-road hauling would be at odds with its alleged goal of job protection. If Article 43-B requires dairies to use only their own employees for such hauling, then some 50 members of the unit — the employees of the Local 753 independent haulers — would be adversely affected.
We conclude that the Board'3 order is supported by substantial evidence on the record considered as a whole. In arriving at this conclusion we are not unmindful of the fact that there is some testimony in the record which tends to support the position of the Union. But the examiner’s report shows that such of that testimony as was credited was considered but did not dictate a contrary conclusion in face of the body of opposing evidence. We perceive no basis for disturbing the Board’s ultimate findings and conclusions on that score..
Accordingly, it is ordered that the Board’s order be enforced and that a decree issue for that purpose.
Enforcement Ordered.
. Milk Drivers’ Union, Local No. 753, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America. Sometimes referred to herein as “Union” or “Local 753”.
. Section 8(e) of the National Labor Relations Act, as amended, (29 U.S.C.A. § 158(e)) which, in pertinent part, makes it an unfair labor practice for a labor organization and an employer:
“ * * * to enter into any contract or agreement, express or implied, whereby such employer ceases or refrains or agrees * * * to cease doing business with any other person, and any contract or agreement entered into heretofore or hereafter containing such an agreement shall be to such extent unenforcible and void: * *
. Korth Transportation Company, the intervenor herein, is such an independent Wisconsin hauler.
. The same form of agreement was utilized for execution by other employers in the milk industry, including distributors and master vendors who do not do their own processing of raw milk. The provisions concerning over-the-road hauling have no application to such distributors and master vendors.
. There is no evidence relating to actual application of the clause or of operation thereunder inasmuch as with the filing of the unfair labor practice charge on June 22, 1964, enforcement of the clause was by agreement postponed pending a Board decision, and the Regional Director did not further pursue an application for injunctive relief he had filed.
. Article 44 of the 1961 contract provided: “The transportation division shall not be reduced from its present status and immediate steps shall be taken to restore our members’ jobs in all other plants covered by this agreement.”
Article 44 of the 1963 contract provided:
“Transportation division shall not be reduced from its present status and immediate steps shall be taken to restore these jobs in all plants covered by this Agreement. Substantial progress shall be shown by August 15, 1963.”
. Before the Board, Haggerty and McNulty testified that the substitution was made so that the dairies would be permitted to use leased equipment. Haggerty stated: “That meant I think probably some of the dealers probably raised the question with regards to whether or not they had to purchase the equipment * * *
Reference
- Full Case Name
- NATIONAL LABOR RELATIONS BOARD v. MILK DRIVERS' UNION, LOCAL NO. 753, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, and Associated Milk Dealers, Inc., and Various of Its Employer Members, and Korth Transportation Company, Intervenor
- Cited By
- 1 case
- Status
- Published