Branch 6000, National Association of Letter Carriers (United States Postal Service, West Islip, New York) v. National Labor Relations Board

Opinion for the Court filed by LEVEN-THAL, Circuit Judge.

LEVENTHAL, Circuit Judge:

In this case the petitioner union (“Branch 6000”) adopted a procedure whereby a term and condition of employment was determined by a referendum of the union membership. The NLRB found that under the circumstances of this case, with the vote based on the individual preferences of the union members, without any consideration of the interests of the non-union employees, the union breached its obligation to represent fairly the interests of all employees in the bargaining unit. The Board found an unfair labor…