Machinists & Aerospace Workers v. NLRB

Supreme Court of the United States

412 U.S. 84

Booster Lodge No. 405, International Association of Machinists & Aerospace Workers, AFL-CIO  v.  National Labor Relations Board et al.

Certiorari to the United States Court of Appeals for the District of Columbia Circuit

No. 71-1417.  Argued: March 26, 1973 --- Decided: May 21, 1973

Where the Union's constitution and bylaws are silent on the subject of voluntary resignation from the Union, the Union committed an unfair labor practice when it sought court enforcement of fines imposed for strikebreaking activities by employees who had resigned from the Union, even though the Union constitution expressly prohibited members from strikebreaking. NLRB v. Textile Workers, 409 U.S. 213.

148 U.S. App. D.C. 119, 459 F.2d 1143, affirmed.


Bernard Dunau argued the cause for petitioner. With him on the briefs were Plato E. Papps, Louis P. Poulton, and C. Paul Barker.

Norton J. Come argued the cause for respondent National Labor Relations Board. With him on the brief were Solicitor General Griswold, Harriet S. Shapiro, Peter G. Nash, John S. Irving, and Patrick Hardin. Samuel Lang argued the cause for respondent Boeing Co. With him on the brief were C. Dale Stout and Frederick A. Kullman.[1]


PER CURIAM.


  1. J. Albert Woll, Laurence Gold, and Thomas E. Harris filed a brief for the American Federation of Labor and Congress of Industrial Organizations as amicus curiae urging reversal.

    Milton Smith, Gerard C. Smetana, and Jerry Kronenberg filed a brief for the Chamber of Commerce of the United States as amicus curiae urging affirmance.