Local 851, International Brotherhood of Teamsters v. National Labor Relations Board

At issue is the board’s determination that Purolator Courier’s driver-employees are “guards” within the meaning of § 9(b)(3) of the National Labor Relations Act (NLRA), 29 U.S.C. § 159(b)(3). If they are, then Local 851 cannot admit them to membership along with its nonguard members without being barred from certification as a bargaining representative of the guards. The union contends that the board’s interpretation of § 9(b)(3) contravenes both the legislative history and purpose of that statute, because the Purolator employees do not “guard” any property, but are merely truck drivers…