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EMERY WORLDWIDE, A C.F. CO. v. N.L.R.B.

No. 91-4617.

966 F.2d 1003 (1992)

EMERY WORLDWIDE, a C.F. COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fifth Circuit.

July 24, 1992.

Attorney(s) appearing for the Case

William C. Strock, Jill J. Weinberg, Haynes & Boone, Dallas, Tex., for petitioner.

David A. Fleischer, NLRB, Office of Gen. Counsel, Aileen A. Armstrong, Deputy Assoc. Gen. Counsel, Howard E. Perlstein, Supervisor, Washington, D.C., for respondent.

Michael Dunn, Director, NLRB, Region 16, Ft. Worth, Tex., for other interested parties.

Before BROWN, GARWOOD and EMILIO GARZA, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

The sole issue before us is whether the Union violated Sections 8(b)(1)(A) and 8(b)(3) of the National Labor Relations Act (NLRA) by seeking a merger of two bargaining units via the arbitration process. Because the Union's objective was illegal, we hold that it violated the NLRA.

In June, 1987, Emery Air Freight acquired Purolator Courier Corporation. For at least fifteen years, Emery route employees (employees who pick up and...

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