National Labor Relations Board v. Local Union No. 38, United Association of Journeymen & Apprentices of the Plumbing & Pipe Fitting Industry

Ninth Circuit

National Labor Relations Board v. Local Union No. 38, United Association of Journeymen & Apprentices of the Plumbing & Pipe Fitting Industry

388 F.2d 679

Court of Appeals for the Ninth Circuit·Decided January 10, 1968·No. No. 21743·Published·Cited by 1 cases

Opinion

PER CURIAM:

The evidence more than adequately supports the finding that the union secured Havill’s discharge primarily because he was not a member of the union, an action clearly unlawful under the Act. Radio Officers Union, etc. v. N.L.R.B., 347 U.S. 17, 40-42, 74 S.Ct. 323, 98 L.Ed. 455 (1954); N.L.R.B. v. Local 776 IATSE, 303 F.2d 513 (9th Cir. 1962).

So long as a major or dominant reason for discharge was one proscribed by the Act, it is immaterial that the acting party may have had other legitimate grounds for its action. N.L.R.B. v. Tonkin Corp., 352 F.2d 509 (9th Cir. 1965); Bon Hennings Logging Co. v. N.L.R.B., 308 F.2d 548, 553-555 (9th Cir. 1962).

We decree enforcement of the Board’s order.

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PER CURIAM:

The evidence more than adequately supports the finding that the union secured Havill’s discharge primarily because he was not a member of the union, an action clearly unlawful under the Act. Radio Officers Union, etc. v. N.L.R.B., 347 U.S. 17, 40-42, 74 S.Ct. 323, 98 L.Ed. 455 (1954); N.L.R.B. v. Local 776 IATSE, 303 F.2d 513 (9th Cir. 1962).

So long as a major or dominant reason for discharge was one proscribed by the Act, it is immaterial that the acting party may have had other legitimate grounds for its action. N.L.R.B. v. Tonkin Corp., 352 F.2d 509 (9th Cir. 1965); Bon Hennings Logging Co. v. N.L.R.B., 308 F.2d 548, 553-555 (9th Cir. 1962).

We decree enforcement of the Board’s order.

National Labor Relations Board v. Local Union No. 38, United Association of Journeymen & Apprentices of the Plumbing & Pipe Fitting Industry, 388 F.2d 679 (9th Cir. 1968).

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388 F.2d 679 (National Labor Relations Board v. Local Union No. 38, United Association of Journeymen & Apprentices of the Plumbing & Pipe Fitting Industry) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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