Motor Carriers Association, Inc., is not a carrier or a shipper. Without question its members are carriers but none of the members are parties in this case. Needless to say the labor unions as plaintiffs fall under the same category as the Utah Citizens Rate Association and have no standing to sue.
As authority for their right to sue plaintiffs cite the case of the American Trucking Associations v. United States, 364 U.S. 1, 80 S. Ct. 1570, 4 L. Ed. 2d 1527 (1961). This case dealt only with whether the Commission had authority to grant to a motor carrier subsidiary of a railroad permits to act as a contract carrier for a single shipper. Competing carriers protested. The Chief Justice for the Court held that appellants had standing as parties in interest and under the "person suffering legal wrong * * * or adversely affected or aggrieved' criterion of § 10(a) of the Administrative Procedure Act * * *.' The Court pointed out that the case involved competition among carriers and that carriers were before the Court.
On the merits generally plaintiffs cite the Burlington case where protesting carriers and the affected union sought judicial review in a three judge District Court which upheld the ICC order as within the scope of the Commission's statutory authority based on adequate findings and supported by substantial evidence. In order to correct what was alleged to be inadequacies in the service available, certain carriers had organized a new carrier called Short Line, and the Commission granted it a common carrier authority to transport commodities between certain interstate points. The question of standing of the union to join was not raised in the lower court nor in the Supreme Court. The lower court stated that the plaintiffs and intervenors were all common carriers except the labor union. The factual distinction between Burlington and the instant case is striking. In our case only the union presses the issue before this Court. Finally plaintiffs say that in Burlington the Supreme Court pointed to the duty of the Commission to avoid 'trenching' on the field over which Congress has given jurisdiction to the National Labor Relations Board. But the case holds that the Commission is not to use a labor dispute as grounds for authorizing a new carrier when carriers in existence are able to give the service even though temporarily subject to hindrance by a labor dispute. The decision when carefully examined gives no support to plaintiffs in the instant case. The Commission was careful to point out that in other cities and areas effected by Revised Rule 90 there has been no disruption of service or even disputes as a result of the promulgation of the rule.
The other two cases cited by plaintiffs, American Newspaper Publishers Assn. v. National Labor Relations Board, 345 U.S. 100, 73 S. Ct. 552, 97 L. Ed. 852 (1953), and National Labor Relations Board v. Wooster Division of Borg-Warner Corp., 356 U.S. 342, 78 S. Ct. 718, 2 L. Ed. 2d 823 (1958), relate to the duty of employers and employees to bargain collectively and in good faith. Neither case is concerned with the ICC or shippers or carriers in interstate commerce. Thus we conclude that the plaintiffs in this case have shown no ground upon which they are entitled to relief in this Court. Judgment will be entered for the defendants.