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Meat & Highway Drivers, Local Union No. 710 v. National Labor Relations Board

United States Court of Appeals for the District of Columbia Circuit
335 F.2d 709 (1964)


Facts

The Meat & Highway Drivers, Local Union No. 710 (defendant), represented delivery drivers for meat-packing companies. For 20 years, Chicago packers agreed to make their own local deliveries employing only union drivers. When three major packers left Chicago, their need for local delivery drivers dropped dramatically from 330 to only 80. To recover lost jobs and keep those left, the union proposed three collective-bargaining-agreement clauses that limited subcontracting out deliveries. First, a work-allocation clause required the packers to use a local distribution center for shipments coming into Chicago, then use only union drivers to distribute from the center to local customers. Second, a union-standards clause allowed a packer who could not make all local deliveries itself to contract delivery companies whose drivers earned at least union rates. Third, union signatory clauses required the packers to use other unions’ drivers for other deliveries. The National Labor Relations Board (NLRB) (defendant) found that all three proposals violated the National Labor Relations Act (NLRA). The union conceded as to the signatory clauses but appealed the remainder.

Rule of Law

Issue

Holding and Reasoning (Wright, J.)

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