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N. L. R. B. v. MILK DRIVERS & DAIRY EMP., LOC. 338

No. 700, Docket 75-4218.

531 F.2d 1162 (1976)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MILK DRIVERS & DAIRY EMPLOYEES, LOCAL 338, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Respondent.

United States Court of Appeals, Second Circuit.

Decided March 12, 1976.

Attorney(s) appearing for the Case

John D. Burgoyne, Washington, D. C. (John S. Irving, Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D. C., on the brief), for petitioner.

Stanley M. Berman, New York City (Cohen, Weiss & Simon, New York City, on the brief), for respondent.

Before KAUFMAN, Chief Judge, and SMITH and ANDERSON, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

Basic to the National Labor Relations Act is an overriding policy to insulate employees' positions from their union activities. The Act's provisions were designed to permit workers to exercise freely the right to join unions, to be active or passive members, or to abstain from joining any union at all without imperiling their right to a livelihood. Radio Officers' Union v. N.L. R.B., 347 U.S. 17

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