Local Union No. 749, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers v. National Labor Relations Board

Petitioner Union challenges the National Labor Relations Board’s findings that it violated Sections 8(b) (2) and 8(b) (1) (A) of the National Labor Relations Act, 29 U.S.C. §§ 158(b) (2) and 158(b) (1) (A). The single issue before us is whether a union may lawfully request an employer, with whom it has a union security agreement, to fire an employee who, although willing to pay the requisite union dues and fees, refuses to assume formal union membership.

Intervenor California Blowpipe and Steel Company and the Union were parties to a collective bargaining agreement which provided:

All employees…