NATIONAL LABOR RELATIONS BOARD, PETITIONER,
v.
INTERNATIONAL LONGSHOREMEN'S AND WAREHOUSEMEN'S UNION, LOCAL 17, INTERNATIONAL LONGSHOREMEN'S AND WAREHOUSEMEN'S UNION, RESPONDENT

9th Cir. | 1970-08-14
No. 23910
431 F.2d 872 United States Court of Appeals for the Ninth Circuit (1970)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that there was substantial evidence to support the Board's order finding the union violated the Act by causing an employee's discharge for failing to pay a fine.


Facts & Procedural History

The union security clause required membership and timely dues payment. The union sought discharge of an employee, claiming delinquency in dues.…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM:

PER CURIAM:

The National Labor Relations Board has petitioned for enforcement of its order, reported at 172 N.L.R.B. No. 227, and based upon its findings that respondent union violated Section 8(b) (2) and 8(b) (1) (A) of the National Labor Relations Act, 29 U.S.C. § 158(b) (2) and 29 U.S.C. § 158(b) (1) (A), by causing the Rice Growers Association of California to discharge its employee, George Mower. The employer and the union had entered into a collective bargaining agreement which contained a “union security” clause requiring membership in the union after a specific time from the date of hiring, as a condition of employment. Tender of union dues by the employee at stated intervals was necessary. The union contended that the discharge of the employee was requested because he was delinquent in his dues and did not tender them within the time required. The Trial Examiner and the Board found on disputed facts that the employee’s discharge was motivated by his failure to pay a fine levied against him. This was a reason other than a failure to tender periodic dues and a violation of the Act.

We hold that there is substantial evidence on the record as a whole to support the Board’s order and finding that the union caused the discharge of Mower because of his failure to pay a union-levied fine. The failure to pay a union-imposed fine may not be made a ground for discharge. See NLRB v. General Motors Corp., 373 U.S. 734, 743, 83 S.Ct. 1453, 10 L.Ed.2d 670 (1963); NLRB v. National Automotive Fibres, Inc., 277 F. 2d 779 (9th Cir. 1960); NLRB v. International Association of Machinists, 203 F. 2d 173 (9th Cir. 1953).

The order of the Board is enforced.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw