Edward A. Winter v. Local Union No. 639, Affiliated With the International Brotherhood of Teamsters and Maloney Concrete Company (Two Cases)

Appellant Winter, a truck driver engaged in the delivery of concrete in the Washington, D. C. metropolitan area, is an employee of Maloney Concrete Company (hereinafter “Maloney”) and a member of Local No. 639 of the Teamsters International Union. Maloney has several plants from which mixed concrete is delivered, and each driver is assigned to a particular plant. The collective bargaining agreement between Maloney and the union has a seniority provision which reads as follows:

When ability, merit, and physical fitness are equal, employees with the greatest seniority will be given preference in…