National Labor Relations Board v. General Teamsters Local 439, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America

U.S. Court of Appeals for the Ninth Circuit
National Labor Relations Board v. General Teamsters Local 439, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, 429 F.2d 1313 (9th Cir. 1970)
74 L.R.R.M. (BNA) 2960; 1970 U.S. App. LEXIS 8027
Hamley, Hamlin, Kil-Kenny, Per Curiam

National Labor Relations Board v. General Teamsters Local 439, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America

Opinion

PER CURIAM.

The National Labor Relations Board has petitioned this court for the enforcement of its order 1 based on findings by the Board that respondent, General Teamsters Local 439, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America violated sections 8(b) (1) (A) and 8(b) (2) of the National Labor Relations Act by causing the discharge of Lyle Corey for discriminatory reasons, namely, because he was not a member of Local 439.

The record shows, and respondent in its brief on appeal admits, that the Union representative told LASME (a long haul trucking employer), “If Corey goes on that run, I will tie up your terminal at [m]idnight” and also said, “Corey didn’t belong to [Local] 439, therefore, he couldn’t take the run out.”

We hold there is substantial evidence in the record to support the Board’s order. In fact, the opposition to enforcement borders on the frivolous. Let the order of the Board be enforced.

1

. Reported in 172 N.L.R.B. No. 231.

Reference

Full Case Name
NATIONAL LABOR RELATIONS BOARD, Petitioner, v. GENERAL TEAMSTERS LOCAL 439, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, Respondent
Status
Published