1. Home
  2. Browse Decisions
  3. F.2d
  4. 728 F.2d
  5. 728 F.2d 80 (1984)
 

N.L.R.B. v. TRUCK DRIVERS LOCAL UNION NO. 449

No. 103, Docket 83-4085.

728 F.2d 80 (1984)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. TRUCK DRIVERS LOCAL UNION NO. 449, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA and Al Sgaglione, Executive Director of the New York State Teamsters Conference Pension & Retirement Fund, Irving Wisch, Kepler Vincent, T. Edward Nolan, Rocco F. DePerno, Victor Mousseau, Paul E. Bush, Jack Canzoneri, Trustees of the New York State Teamsters Conference Pension & Retirement Fund, Respondents.

United States Court of Appeals, Second Circuit.

Decided February 7, 1984.

Attorney(s) appearing for the Case

Robert A. Doren, Buffalo, N.Y. (Flaherty, Cohen, Grande, Randazzo & Doren, Buffalo, N.Y., of counsel), for intervenor.

Douglas A. Foss, Rochester, N.Y. (Paul R. Braunsdorf, Harris, Beach, Wilcox, Rubin & Levy, Rochester, N.Y., of counsel), for amicus curiae Bldg. Trades Employers Ass'n.

T. Neal McNamara, Michael H. Salinsky, Christopher W. Katzenbach, San Francisco, Cal. (Pillsbury, Madison & Sutro, San Francisco, Cal., of counsel), for amicus curiae Western Conference of Teamsters Pension Trust Fund.

John H. Ferguson, Attorney, 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, W. Christian Schumann, Richard A. Cohen, Washington, D.C., of counsel), for petitioner.

Peter P. Paravati, Utica, N.Y. (Constance J. Angelini, Utica, N.Y., of counsel), for respondent Trustees.

E. Joseph Giroux, Buffalo, N.Y. (McMahon & Crotty, Buffalo, N.Y., of counsel), for Truck Drivers Local No. 449.

Before LUMBARD, OAKES and KEARSE, Circuit Judges.

OAKES, Circuit Judge:

This case presents the very narrow but difficult question whether the National Labor Relations Board (the Board) could properly find a union local and the executive administrator and trustees of a state-wide pension and retirement fund as the Union's agents, in violation of section 8(b)(3) of the National Labor Relations Act, 29 U.S.C. § 158(b)(3) (1976), by attempting to force certain employers to agree to a midterm modification of their...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases