Document Type

Article

Publication Date

6-8-1987

Abstract

Petitioner Walter Kudla and intervenors John Kuebler and Richard Van Romer seek review of an order by the National Labor Relations Board (the "NLRB" or "Board") modifying the findings and recommended order of the Administrative Law Judge (the "ALJ"). The NLRB ruled that Local 282, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (the "union" or "Local 282") did not violate the National Labor Relations Act, 29 U.S.C. §§ 151 et seq. (1982 & Supp. III 1985) (the "Act" or "NLRA"), by refusing to refer petitioner, a dissident union member, to a working teamster foreman ("WTF") position because the union considered him to be insufficiently loyal. The NLRB reasoned that such discrimination against a dissident union member merely was incidental to the furtherance of legitimate union objectives because the WTF was analogous to a shop steward and responsible for administration of the collective bargaining agreement. The NLRB also ruled that there was no evidence that the loyalty standard had been applied in an arbitrary and capricious manner.

We uphold the Board's determination that loyalty is an appropriate consideration for referral to a position that entails contract administration duties. We remand, however, for an evidentiary hearing on whether the loyalty standard was applied to petitioner in an arbitrary and capricious manner.

Comments

821 F.2d 95 (1987)

Walter KUDLA, Petitioner, John Kuebler and Richard Van Romer, Intervenors,

v.

NATIONAL LABOR RELATIONS BOARD, Respondent, Local 282, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Intervenor.

No. 792, Docket 86-4154.

United States Court of Appeals, Second Circuit.

Argued February 9, 1987.

Decided June 8, 1987.

New York Law School location: File # 326, Box # 119

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