International Brotherhood of Teamsters, Local 722, AFL-CIO

314 NLRB 1016 (1994)

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International Brotherhood of Teamsters, Local 722, AFL-CIO

National Labor Relations Board
314 NLRB 1016 (1994)

  • Written by Jamie Milne, JD

Facts

Rockford Blacktop Construction Company (Rockford) used Kasper Trucking for trucking services. Rockford filed a complaint against the International Brotherhood of Teamsters, Local 722 (the union) (defendant) with the National Labor Relations Board (NLRB) (plaintiff). Rockford claimed that the union engaged in unfair labor practices by establishing picket lines at two Rockford jobsites to coerce Rockford to end its relations with Kasper Trucking. At a hearing before administrative-law judge (ALJ) Elbert Gadsden, George Kasper was called as a witness. In response to questions from Judith Poltz, the NLRB’s general counsel, Kasper testified that there was picketing at the Dixon jobsite on January 19, 1993. When Poltz transitioned to a new line of questioning, Gadsden intervened, asking Poltz to pursue the picketing statement further. Specifically, Gadsden directed Poltz to further develop how Kasper learned of the picketing. The union’s counsel, Michael O’Hara, strongly objected to Gadsden’s intervention, resulting in an intense discussion between O’Hara and Gadsden regarding the proper role of ALJs. O’Hara argued that interrupting direct testimony and directing a prosecutor to ask specific questions improperly usurped the prosecutor’s role and undermined the adversarial system. Gadsden overruled O’Hara’s objection, stating emphatically that in an NLRB administrative proceeding,

Rule of Law

Issue

Holding and Reasoning ()

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