# McLean Trucking Company v. National Labor Relations Board

> Court of Appeals for the Sixth Circuit · September 17, 1982 · 689 F.2d 605

URL: https://www.frixlaw.com/law-library/cases/9469755

## Case

- **Full name:** McLEAN TRUCKING COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** September 17, 1982
- **Citations:** 689 F.2d 605; 111 L.R.R.M. (BNA) 3185; 1982 U.S. App. LEXIS 25544
- **Precedential status:** Published
- **Opinion:** Dissent by Lively
- **Judges:** Lively, Krupansky, Brown
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9469755

## Opinion text

LIVELY, Circuit Judge,
dissenting.
I respectfully dissent. This court has repeatedly refused to apply the Interboro doctrine, and my view of the record in the present case is such that the order of the Board could only be enforced by applying that doctrine. I can find no evidence that either of the discharged employees ever indicated that he was acting on behalf of anyone other than himself in refusing to drive the truck. As Judge Phillips wrote for the court in Aro, Inc. v. N. L. R. B., 596 F.2d 713 , 718:
For an individual claim or complaint to amount to concerted action under the Act it must not have been made solely on behalf of an individual employee, but it must be made on behalf of other employees or at least be made with the object of inducing or preparing for group action and have some arguable basis in the collective bargaining agreement.
Though the refusal by the employees to drive the truck does have some arguable basis in the contract, there is absolutely no evidence that they were acting on behalf of anyone other than themselves or were laying the groundwork for collective action when they refused to drive. The fact that they consulted a union steward during the dispute with their supervisor is not proof of concerted action.
I would deny enforcement of the order.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9469755. Public record. Not legal advice.