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Hammontree v. National Labor Relations Board

925 F.2d 1486 (D.C.Cir. 1991)

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Hammontree v. National Labor Relations Board

United States Circuit Court for the District of Columbia Circuit

925 F.2d 1486 (D.C.Cir. 1991)

Facts

Paul Hammontree (plaintiff) drove trucks for Consolidated Freightways (CF) (defendant) and belonged to the Teamsters Union. CF’s collective-bargaining agreement (CBA) required it to maintain practices that favored the union and prohibited discrimination based on unionism. Hammontree filed a grievance claiming that CF’s assignment of short-run drives called “peddle runs” violated his seniority rights. The grievance committee sustained the grievance and awarded Hammontree damages. Shortly afterward, CF stopped posting the peddle-run departure times. Hammontree filed another grievance, claiming CF violated the maintenance-of-standards provision, but the committee denied it at the first step of the process. Instead of appealing to the second step, Hammontree filed unfair-labor-practice charges with the National Labor Relations Board (NLRB), claiming CF removed the departure times to retaliate against him. But the NLRB deferred, finding Hammontree had to first exhaust the grievance and arbitration procedure. Hammontree appealed.

Rule of Law

Issue

Holding and Reasoning (Wald, J.)

Concurrence (Edwards, J.)

Dissent (Mikva, C.J.)

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