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JOINT COUNCIL OF TEAMSTERS, NO. 42 v. N.L.R.B.

Nos. 80-7455, 80-7456 and 80-7457.

702 F.2d 168 (1981)

JOINT COUNCIL OF TEAMSTERS, NO. 42, et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Associated Independent Owner-Operators, Inc., Intervenor. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BUILDING MATERIAL AND DUMP TRUCK DRIVERS, LOCAL 420, et al., Respondents. Associated Independent Owner-Operators, Inc., Associated General Contractors of California, Inc., California Dump Truck Owners Association, Intervenors. CALIFORNIA DUMP TRUCK OWNERS ASSOCIATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Associated Independent Owner-Operators, Inc., Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided December 21, 1981.

As Amended March 18, 1983.

Attorney(s) appearing for the Case

George A. Pappy, Pappy, Kaplon & Vogel, Robert Varde Kuenzel, Latham & Watkins, Los Angeles, Cal., for Dump Truck Drivers and Owners and for Joint Council.

David S. Fishback, N.L.R.B., Washington, D.C., argued for N.L.R.B.; Elliott Moore, Washington, D.C., on brief.

Before ELY and NORRIS, Circuit Judges, and COPPLE, District Judge.

NORRIS, Circuit Judge:

We are called upon in this case to review an order of the NLRB declaring a provision in a collective bargaining agreement to be an unfair labor practice under § 8(e) of the National Labor Relations Act, 29 U.S.C. § 158(e) (1976). The Board invalidated article XIII of the Master Labor Agreement between unions and contractor-employers in the Southern California construction industry because...

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