David O'Reilly v. National Labor Relations Board, and International Association of MacHinists and Aerospace Workers, Afl-Cio, Local Lodge

472 F.2d 426, 82 L.R.R.M. (BNA) 2073, 1972 U.S. App. LEXIS 6378

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 8, 1972
• Docket: 26892
• Status: Published

Opinion

SHARP, District Judge:

This case, heard by this Court in a consolidated hearing with Morton Salt Company v. National Labor Relations Board and International Association of Machinists, Oakland Lodge No. 284, International Association of Machinists and Aerospace Workers, AFL-CIO, 472 F.2d 416 (9th Cir., 1972), involves the single issue of whether or not the National Labor Relations Board should consider the reasonableness of the amount of fines imposed by a union upon its members for violation of its internal rules. The Board concluded that this was not its function. For the reasons stated in Morton Salt Company v. National Labor Relations Board, et al., supra, filed this date, we disagree and therefore reverse and remand to the Board for further proceedings.

Circuit Judge BROWNING would enforce the Board’s order for the reasons stated in his dissenting opinion in Morton Salt Company v. National Labor Relations Board, supra.