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SAMOFF EX REL. NLRB v. LOCAL 107

December 9, 1963

Bernard SAMOFF, Regional Director of the Fourth Region of the National Labor Relations Board, for and on Behalf of the NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
LOCAL 107, HIGHWAY TRUCK DRIVERS AND HELPERS, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, et al., Respondents



The opinion of the court was delivered by: KRAFT

This cause came on to be heard upon the verified petition of Bernard Samoff, Regional Director of the Fourth Region of the National Labor Relations Board (herein called the Board), for a temporary injunction pursuant to Section 10(l) of the National Labor Relations Act, as amended (herein called the Act), pending the final disposition of the matters involved herein pending before the Board, and upon issuance of an order to show cause why injunctive relief should not be granted as prayed in said petition. Respondents filed answers to said petition. A hearing on the issues raised by the petition and answers was duly held on November 4, 1963. All parties were afforded full opportunity to be heard, to present evidence bearing on the issues, and to argue on the evidence and the law. No testimony was taken but the parties have filed a stipulation of fact, and certain exhibits were received in evidence. The Court has fully considered the petition, answer, stipulation, exhibits, arguments, and briefs of counsel. Upon the entire record, the Court makes the following:

FINDINGS OF FACT

 1. Petitioner is Regional Director of the Fourth Region of the Board, an agency of the United States, and filed this petition for and on behalf of the Board.

 2. On or about June 3, 1963, Peter D. Walther and Joseph T. Wendling, pursuant to the provisions of the Act, filed charges with the Board alleging that Local 107, Highway Truck Drivers and Helpers, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America; Local 312, Chauffeurs, Teamsters and Helpers, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America; Local 331, Chauffeurs, Teamsters and Helpers, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America; Local 384, Truck Drivers, Chauffeurs and Helpers, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America; Local 470, General Teamsters, Chauffeurs and Helpers, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America; Local 676, Truck Drivers and Helpers, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (herein called Locals 107, 312, 331, 384, 470 and 676, respectively and collectively called respondent unions), labor organizations, and Delaware County Labor Relations Association; Delaware Valley Labor Relations Association; Schuylkill Valley Labor Relations Association; Private Carriers Association; Local Cartage Operators Association and South Jersey Transport Association, Inc. (herein called Delaware County, Delaware Valley, Schuylkill Valley, Private Carriers, Local Cartage and South Jersey Associations, respectively and collectively called respondent associations), employers' associations, have engaged in, and are engaging in, an unfair labor practice within the meaning of Section 8(e) of the Act.

 3. The aforesaid charges were referred to petitioner as Regional Director of the Fourth Region of the Board.

 4. There is, and petitioner has reasonable cause to believe that:

 (a) Respondent unions, unincorporated associations, are organizations in which employees participate and which exist for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

 (b) Locals 107 and 470 maintain their principal offices at Philadelphia, Pennsylvania; Local 312 maintains its principal office at Chester, Pennsylvania; Local 331 maintains its principal office at Atlantic City, New Jersey; Local 384 maintains its principal office at Norristown, Pennsylvania; and Local 676 maintains its principal office at Camden, New Jersey. At all times material herein all respondent unions have been engaged within this judicial district in transacting business and in promoting and protecting the interests of their employee members.

 (c) Respondent associations are associations of employers engaged in the trucking industry in the Philadelphia and southern New Jersey areas. Some of respondent associations, including respondents Delaware County, Delaware Valley and Schuylkill Valley, have combined together to form the Tri-Area Labor Association. In the operations of their business, which constitute links in the transportation of goods in commerce, employer members of respondent associations annually receive or transport goods and materials from outside the state in which they are located valued at in excess of $ 50,000, and annually transport products shipped outside the state in which they are located valued at in excess of $ 50,000.

 'ARTICLE 1

 'Scope of Agreement

 'Section 2. Employees covered

 '(c) In all cases, hired or leased equipment shall be operated by an Employee of the certificated or permitted carrier and such Employee shall be paid pursuant to the terms of this Agreement. The Employer expressly reserves the right to control the manner, means and details of, and by which to Owner-operator performs his services, as well as the ends to be accomplished.

 'ARTICLE 23

 'Owner-Operators

 'Effective July 1, 1963

 'Section 1.

 'Owner-Operators (see note), other than certificated or permitted carriers, shall not be covered by this Agreement unless affiliated by lease with a certificated or permitted carrier which is required to operate in full compliance with all the provisions of this Agreement and hold proper ICC and state certificates and permits. Such Owner-Operators shall operate exclusively in such service and for no other interests.

 '(Note: Whenever 'Owner-Operator' is used in this article, it means owner-driver only, and nothing in this article shall apply to any equipment leased except where Owner is also employed as a driver.)

 'Section 2.

 'This type of operator's compensation for wages and working conditions shall be in full accordance with all the provisions of this Agreement. The Owner-Operator shall have seniority as a driver only, provided, however, that owner-drivers shall not bump onto company equipment except where a vacancy occurs or the company adds additional equipment in which event he may bump onto such equipment, provided further that if he does so bump he shall go to the bottom of the seniority roster for work preference but shall have seniority from original date of hire for purposes of layoff and all other contract benefits. In the event of layoff he shall exercise his seniority from his original date of hire. After bumping as provided above, he shall accumulate seniority for all work preferences from the date of bumping onto company equipment.

 'Section 3.

 'Certificate and title to the equipment must be in the name of the actual owner.

 'Section 4.

 'In all cases, hired or leased equipment shall be operated by an employee of the certificated or permitted carrier. The Employer expressly reserves the right to control the manner, means and details of, and by which, the Owner-Operator performs his services, as well as the end to be accomplished.

 'Section 5.

 'Certificated or permitted carriers shall use their own available equipment, together with all leased equipment under minimum thirty-day (30) bona fide lease arrangements, on a rotating board, before hiring any extra equipment.

 'Section 6.

 'Separate checks shall be issued by the certificated or permitted carriers for driver's wages and equipment rental. At no time shall the equipment checks be for less than actual miles operated. Separate checks for drivers shall not be deducted from the minimum truck rental revenue. The driver shall turn in time direct to the certificated or permitted carrier. All monies due the Owner-Operator may be held no longer than two (2) weeks, except where the Lease of Equipment Agreement is terminated and in such case all monies due the operator may be held no longer than thirty (30) days from the date of the termination of the operation of the equipment.

 'Section 7.

 'Payment for equipment service shall be handled by the issuance of a check for the full mileage operated, tonnage or percentage, less any agreed advances. A statement of any charges by the certificated or permitted carrier shall be issued at the same time, but shall not be deducted in advance.

 'Section 8.

 'The Owner-Operator shall have complete freedom to purchase gasoline, oil, grease, tires, tubes, etc., including repair work, at any place where efficient service and satisfactory ...


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