Legal Opinion

National Labor Relations Board v. Sheet Metal Workers' International Association, Local 16 Sheet Metal Workers' International Association, Afl-Cio

Court of Appeals for the Ninth Circuit

Decided April 25, 1989No. 86-7538PublishedCited by 5 opinions

1Opinion of the Court

SKOPIL, Circuit Judge;

The National Labor Relation Board (“Board”) petitions for enforcement of its order declaring that a provision in a union constitution violates section 8(b)(1)(A) of the National Labor Relations Act (the “Act”), 29 U.S.C. § 158(b)(1)(A) (1982). The provision at issue, found in the Sheet Metal Workers’ International and Local 16 union constitution, provides in part that:

No resignation shall be accepted if offered in anticipation of charges being preferred against [the union member], during the pendancy (sic) of any such charges or during a strike or lockout.

An…

2Cases cited4 opinions

  1. Pattern Makers' League v. National Labor Relations BoardSupreme Court of the United States · 1985
  2. National Labor Relations Board v. Local 73, Sheet Metal Workers' International Association and Sheet Metal Workers' International Association, Afl-CioCourt of Appeals for the Seventh Circuit · 1988
  3. International Union, United Automobile, Aerospace And Agricultural Implement Workers Of America (Uaw) v. National Labor Relations BoardCourt of Appeals for the Sixth Circuit · 1989
  4. MacHinists Local 1327, International Association of MacHinists and Aerospace Workers, Afl-Cio, District Lodge 115 v. National Labor Relations Board, and Viola Lapinski, Hilda Hall, and Polmyra Gomes, Intervenors. District Lodges 160, International Association of MacHinists and Aerospace Workers, Afl-Cio, and Affiliated Local Lodge 1028 v. National Labor Relations Board, and Robert C. Ferguson, IntervenorCourt of Appeals for the Ninth Circuit · 1985

3Cited by5 opinions

  1. Days Inn Management Company, Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-PetitionerCourt of Appeals for the Second Circuit · 1991
  2. E. Dean Rasmussen v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1989
  3. National Labor Relations Board v. Chicago Tribune Co.Court of Appeals for the Seventh Circuit · 1991
  4. National Labor Relations Board v. Chicago Tribune CompanyCourt of Appeals for the Seventh Circuit · 1991
  5. National Labor Relations Board v. Flamingo-Hilton Reno, Inc.Court of Appeals for the Ninth Circuit · 1998

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