Teamsters Local v. Labor Board, 365 U.S. 667 (1961)

Local 357, International Brotherhood of Teamsters,

Chauffeurs, Warehousemen and Helpers of America
v. National Labor Relations Board
No. 64

Argued February 28, 1961
Decided April 17, 1961 *
365 U.S. 667

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

Syllabus

An association of motor truck operators entered into a collective bargaining agreement with the Brotherhood of Teamsters and several of its local unions which, in effect, required the operators to employ casual employees "on a seniority basis" through a hiring hall operated by one of the unions, "irrespective of whether such employee is or is not a member of the Union." A union member obtained casual employment with an operator independently of the union and the hiring hall, and he was discharged when the union complained. The National Labor Relations Board held that the hiring hall arrangement was unlawful per se, and that the employer had violated §8(a)(1) and §8(a)(3) and the union had violated § 8(b)(2) and § 8(b)(1)(A) of the National Labor Relations Act, as amended. It ordered them, inter alia, to reimburse all casual employees for fees and dues paid to the union during the period covered by the complaint.

Held:

1. The Board was not authorized under §10(c) to require reimbursement of dues and fees paid to the union. Carpenters Local 60 v. Labor Board, ante, p. 651. Pp. 670-671.

2. The Board erred in holding that the hiring hall arrangement was unlawful per se, since such arrangements are not unlawful unless they in fact result in discriminations prohibited by the Act. Pp. 671-677.

107 U.S.App.D.C. 188, 275 F.2d 646, affirmed in part and reversed in part.