National Labor Relations Board v. Local 73, Sheet Metal Workers' International Association and Sheet Metal Workers' International Association, Afl-Cio

CUDAHY, Circuit Judge.

The National Labor Relations Board (the “Board” or the “NLRB”) petitions for enforcement of its order prohibiting the respondent labor unions from restraining their members from resigning in anticipation, or during the pendency, of charges of union misconduct. The larger question before us is whether section 8(b)(1)(A) of the National Labor Relations Act (the “Act”), 29 U.S.C. § 158(b)(1)(A), is reasonably construed by the NLRB as prohibiting a union from imposing any restrictions on the rights of its members to resign. We hold that the NLRB’s construction of section…