Machinists Local 1327 v. National Labor Relations Board

Ninth Circuit

Machinists Local 1327 v. National Labor Relations Board

773 F.2d 1070

CourtCourt of Appeals for the Ninth Circuit

DecidedOctober 11, 1985

DocketNos. 82-7580, 82-7701, 83-7052 and 83-7089

StatusPublished

This text of 773 F.2d 1070 (Machinists Local 1327 v. National Labor Relations Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Machinists Local 1327 v. National Labor Relations Board, 773 F.2d 1070 (9th Cir. 1985).

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ORDER

This matter returns to us for consideration in light of the Supreme Court’s recent decision in Pattern Makers’ League of North America v. National Labor Relations Board, 473 U.S.-, 105 S.Ct. 3064, 87 L.Ed.2d 68 (1985). The Court vacated our judgment in 725 F.2d 1212 (9th Cir.1984) and remanded for further proceedings. 473 U.S. -, 105 S.Ct. 3517, 87 L.Ed.2d 646 (1985).

In Pattern Makers, an NLRB order prohibited the imposition of fines on union members who resigned their membership in contravention of a union rule which prevented resignations either during or immediately before a strike or lockout. 265 N.L.R.B. 1332 (1982) enf'd, 724 F.2d 57 (7th Cir.1983). The Supreme Court affirmed the Seventh Circuit’s enforcement of the Board’s order. 105 S.Ct. at 3076 (plurality opinion), 3076-77 (White, J., concurring). While not identical in every respect, the union rule at issue in Machinists has essentially the same purpose and effect as the rule found impermissible in Pattern Makers. Compare 105 S.Ct. at 3066-69 & nn. 5-6, 13 with 725 F.2d at 1214.

Therefore, we vacate our previous judgment in this matter entered on February 14, 1984 and grant the Board’s petition for enforcement of its order in 263 N.L.R.B. 984 (1982). We also grant the Board’s cross-application for enforcement of its order in 265 N.L.R.B. 1049 (1982).

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ORDER

This matter returns to us for consideration in light of the Supreme Court’s recent decision in Pattern Makers’ League of North America v. National Labor Relations Board, 473 U.S.-, 105 S.Ct. 3064, 87 L.Ed.2d 68 (1985). The Court vacated our judgment in 725 F.2d 1212 (9th Cir.1984) and remanded for further proceedings. 473 U.S. -, 105 S.Ct. 3517, 87 L.Ed.2d 646 (1985).

In Pattern Makers, an NLRB order prohibited the imposition of fines on union members who resigned their membership in contravention of a union rule which prevented resignations either during or immediately before a strike or lockout. 265 N.L.R.B. 1332 (1982) enf'd, 724 F.2d 57 (7th Cir.1983). The Supreme Court affirmed the Seventh Circuit’s enforcement of the Board’s order. 105 S.Ct. at 3076 (plurality opinion), 3076-77 (White, J., concurring). While not identical in every respect, the union rule at issue in Machinists has essentially the same purpose and effect as the rule found impermissible in Pattern Makers. Compare 105 S.Ct. at 3066-69 & nn. 5-6, 13 with 725 F.2d at 1214.

Therefore, we vacate our previous judgment in this matter entered on February 14, 1984 and grant the Board’s petition for enforcement of its order in 263 N.L.R.B. 984 (1982). We also grant the Board’s cross-application for enforcement of its order in 265 N.L.R.B. 1049 (1982).

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773 F.2d 1070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/machinists-local-1327-v-national-labor-relations-board-ca9-1985.

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