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LOCAL 851, INTERN. BROTH. OF TEAMSTERS v. N.L.R.B.

Nos. 1072, 1026, Dockets 83-4219, 84-4019.

732 F.2d 43 (1984)

LOCAL 851, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner, Purolator Courier Corporation, Intervenor.

United States Court of Appeals, Second Circuit.

Decided April 13, 1984.

Attorney(s) appearing for the Case

Stephen H. Kahn, New York City, for petitioner-cross-respondent.

David A. Fleischer, Atty., N.L.R.B., Washington, D.C. (William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Elliot Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., of counsel), for respondent-cross-petitioner.

Arnold E. Perl, Memphis, Tenn. (Richard M. Kobdish, Young & Pearl, Memphis, Tenn., of counsel), for intervenor.

Robert M. Baptiste, Wilma B. Liebman, Washington, D.C., for Intern. Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America, amicus curiae.

O'Connor & Mangan, Long Island City, N.Y., for Truck Drivers Local 807, Intern. Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America, amicus curiae.

Elarbee, Thompson & Trapnell, Atlanta, Ga. (Robert L. Thompson, Brent L. Wilson, Atlanta, Ga., of counsel), for Pony Express Courier Corp., amicus curiae.

Before TIMBERS and PRATT, Circuit Judges, and METZNER, District Judge.

PER CURIAM:

At issue is the board's determination that Purolator Courier's driver-employees are "guards" within the meaning of § 9(b)(3) of the National Labor Relations Act (NLRA), 29 U.S.C. § 159(b)(3). If they are, then Local 851 cannot admit them to membership along with its nonguard members without being barred from certification as a bargaining representative of the guards. The union contends that the board's interpretation of § 9(b)(3) contravenes...

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