Pilot Freight Carriers, Inc. v. Local 391, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America

375 F. Supp. 1254, 1974 U.S. Dist. LEXIS 9121, 74 Lab. Cas. (CCH) 10,100
CourtDistrict Court, M.D. North Carolina
DecidedApril 5, 1974
DocketNo. C-74-69-WS
StatusPublished

This text of 375 F. Supp. 1254 (Pilot Freight Carriers, Inc. v. Local 391, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America) is published on Counsel Stack Legal Research, covering District Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pilot Freight Carriers, Inc. v. Local 391, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, 375 F. Supp. 1254, 1974 U.S. Dist. LEXIS 9121, 74 Lab. Cas. (CCH) 10,100 (M.D.N.C. 1974).

Opinion

PRELIMINARY INJUNCTION

HIRAM H. WARD, District Judge.

This cause comes before the Court on plaintiff’s complaint alleging breach of contract and asking for damages and injunctive relief. The particular matter now before the Court concerns plaintiff’s request for a preliminary injunction. After considering the pleadings, evidence, and arguments of counsel, the Court enters the following findings of fact, discussion, and conclusions of law.

I.

Findings of Fact

1. The plaintiff, Pilot Freight Carriers, Inc. (Pilot), is a common carrier of general commodity freight operating across various states under certificates of convenience and necessity issued by the Interstate Commerce Commission and is an employer within the meaning of Section 2(2) of the National Labor Relations Act (N.L.R.A.), 29 U.S.C. § 152(2), and, by its transportation of freight along the east coast of the United States and receiving annual revenues in excess of one million dollars, it is an industry “affecting commerce” within the meaning of Section 2(7) of the N.L. R.A., 29 U.S.C. § 152(7). It is a North Carolina corporation with a principal place of business in Forsyth County of that state.

2. Local 391 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (Local 391) is an organization engaged in the representation of the employees of Pilot with its principal office located in Guilford County in the Middle District of North Carolina. Local 391 is a “labor organization” within the meaning of Section 2(5) of the N.L.R.A., 29 U.S.C. § 152(5).

3. Defendant International Brotherhood of Teamsters, Chauffeurs, Ware-housemen and Helpers of America (International) is a “labor organization” engaged in the representation of employees within the meaning of Section 2(5) of the N.L.R.A., 29 U.S.C. § 152(5). Local 391 is an affiliate of International.

4. Defendants Durham and Church are officers of Local 391, and defendant Lauck is an organizer employed by Local 391. Defendants Boger, Beasley, Vestal, and Hanes are members of Local 391 and employees of Pilot.

5. The constitution of International regulates in detail the actions of its local unions. In the area of control, the present constitution does not vary significantly from the ones examined in International Bro. of Teamsters, etc. v. United States, 275 F.2d 610 (4th Cir. 1960), and Great C. Ex., Inc. v. International Broth. of Team., 350 F.Supp. 1377 (E.D.Va.1972). Moreover, the present constitution has a provision whereby the General Executive Board can pay out-of-work benefits where it recognizes the strike as a proper one for the payment of benefits. Article XII, Section 5(a) of the constitution continues:

Benefits shall be paid to all other member employees of the primary employer at all terminals ... if such member employees shall have become unemployed as a direct result of a strike involving other Teamster member employees which strike has [1257]*1257been approved pursuant to Section 3,

The General President and General Executive Board may terminate benefits “when satisfied upon facts and information in their possession that the support of a strike or lockout should cease.” Out-of-work benefits have been paid by International to about 1100 members of Local 391 because of their honoring the picket line involved in this case. Local 391 also directly supplements the payments made by International. The payments began, pursuant to the provisions of the constitution, two weeks after the picket line was established.

6. Local 391 represents employees of the plaintiff in various bargaining units in North Carolina. Pilot and Local 391 have been parties to labor contracts regulating wages, hours, and terms and conditions of employment of the employees represented by Local 391. Each of said contracts contains a grievance procedure established for the purpose of resolving all disputes between the parties involving the application and interpretation of such agreement. In every case, majority decisions by the grievance committees established by the contracts are final and binding on all parties.

Pilot and Local 391, with the approval of International, are parties to a contract entitled “National Master Freight Agreement” (N.M.F.A.). In addition, Pilot and Local 391 have contracts which supplement the N.M.F.A. These are the Over-the-Road and City Cartage Supplemental Agreements (Supplemental). They are also parties to contracts covering other employees not covered by the N.M.F.A. These contracts are the Carolina Automotive Maintenance Agreement (Maintenance) and the Kernersville Terminal and Maintenance Office Agreement (Office).

7. Article 7 of the N.M.F.A. provides that the • grievance machinery “may be invoked only by the authorized Union representative or the Employer.”

Article 8 of the N.M.F.A. provides for the processing of all grievances or questions of interpretations arising under the N.M.F.A. or supplements. It specifically provides for mandatory use of the grievance machinery in Section 1(a) for “All factual grievances or questions of interpretation arising under the provisions of the Supplemental Agreement, (or factual grievances arising under the National Master Agreement) . . .” and in Section 1(b) for “Any matter which has been referred pursuant to Section 1(a) above, or any question concerning the interpretation of the provisions contained in the Master Agreement, shall be submitted to a permanent National Grievance Committee . . . .”

Section 2 of Article 8 of the N.M.F.A. provides for determining whether a work stoppage, slowdown, walkout, or cessation of work in violation of the contract is or is not authorized, and if unauthorized, the means for terminating such. Subsection (b) of Section 2 provides for submission to the grievance machinery at the national level the question of whether the International or the local union has met its obligations in stopping an unauthorized work stoppage, and second, whether the International or local union “separately or jointly, participated in an unauthorized work stoppage, slowdown, walkout, or cessation of work in violation of the Agreement by calling, encouraging, assisting, or aiding in such stoppage, etc., in violation of this Agreement, . . .” The other provisions of Section 2 further detail the working of the grievance machinery, and when its decisions are binding on the parties.

8. Article 9 of the N.M.F.A. provides :

(1) It shall not be a violation of this Agreement, and it shall not be cause for discharge or disciplinary-action in the event an employee refuses to enter upon any property involved in a primary labor dispute, or refuses to go through or work behind any primary picket line, including the primary picket line of Unions party to this Agreement, [1258]*1258and including primary picket lines at the Employer’s place of business.

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Bluebook (online)
375 F. Supp. 1254, 1974 U.S. Dist. LEXIS 9121, 74 Lab. Cas. (CCH) 10,100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pilot-freight-carriers-inc-v-local-391-international-brotherhood-of-ncmd-1974.