Local 12, United Rubber Workers v. National Labor Relations Board

Starting in 1943, United Rubber, Cork, Linoleum & Plastic Workers of America, AFL-CIO, Local Union No. 12 (Local 12) (plaintiff) was the exclusive bargaining agent for employees at Goodyear’s tire plant in East Gadsden, Alabama. The bargaining contract provided for uniform seniority rights regardless of race. However, in 1961, eight Black employees (the complainants) complained to Local 12 after being laid off while certain White employees with less seniority had been retained or hired, and because the plant had been maintaining segregated facilities like lunchrooms and bathrooms. The union grievance committee investigated and determined that no contract violation had occurred, and, after a series of appeals, Local 12 declined to file a grievance on behalf of the complainants. Meanwhile, in March 1962, Local 12 and Goodyear reached a verbal agreement to discontinue the racially discriminatory layoff and recall practices, and the complainants were reinstated. However, Local 12 refused to process grievances regarding back wages during the layoff period and the segregated facilities. The National Labor Relations Board (NLRB) (defendant) determined that Local 12 committed unfair labor practices by refusing to process the grievances and ordered Local 12 to pursue the grievances through arbitration. Local 12 appealed.