National Labor Relations Board v. U.S. Postal Service

827 F.2d 548
CourtCourt of Appeals for the Ninth Circuit
DecidedSeptember 4, 1987
DocketNo. 86-7403
StatusPublished
Cited by1 cases

This text of 827 F.2d 548 (National Labor Relations Board v. U.S. Postal Service) 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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National Labor Relations Board v. U.S. Postal Service, 827 F.2d 548 (9th Cir. 1987).

Opinions

WALLACE, Circuit Judge:

The National Labor Relations Board (Board) applies for enforcement of its order that the United States Postal Service (Postal Service) honor an employee’s revocation of his dues-checkoff assignment after he resigns from membership in his union. We have jurisdiction pursuant to 29 U.S.C. § 160(e), and deny enforcement.

I

The Postal Service signed a collective bargaining agreement with the American Postal Workers Union, AFL-CIO (union). The agreement states that the Postal Service “shall deduct and remit to the appropriate Union the regular and periodic Union dues from the pay of employees who are members of such Union” provided that the Postal Service has received a written assignment from each employee.

Dalton is an employee of the Postal Service and was a member of the union. In October 1982, Dalton executed and delivered an authorization and assignment (Authorization) which read as follows:

AUTHORIZATION FOR DEDUCTION OF UNION DUES
UNITED STATES POSTAL SERVICE
I hereby assign to [the Union] from any salary or wages earned or to be earned by me as your employee (in my present or any future employment by you) such regular and periodic membership dues as the Union may certify as due and owing from me, as may be established from time to time by said Union. I authorize and direct you to deduct such amounts from my pay and to remit same to said Union at such times and in such manner as may be agreed upon between you and the Union at any time while this authorization is in effect.
[550]*550This assignment, authorization and direction shall be irrevocable for a period of one (1) year from the date of delivery hereof to you, and I agree and direct that this assignment, authorization and direction shall be automatically renewed, and shall be irrevocable for successive periods of one (1) year, unless written notice is given by me to you and the Union not more than twenty (20) days and not less than ten (10) days prior to the expiration of each period of one (1) year.
This assignment is freely made pursuant to the provisions of the Postal Reorganization Act and is not contingent upon the existence of any agreement between you and my Union.

By letter dated January 25, 1985, Dalton resigned his membership in the union. Three days later, Dalton notified the Postal Service of his revocation of the Authorization. The Postal Service advised Dalton that it would not honor his revocation because it was not made during the 10-day period designated for revocation in the Authorization.

Dalton filed a charge with the Board. As a result, the General Counsel of the Board issued a complaint against the Postal Service alleging unfair labor practices in violation of sections 8(a)(1) and (2) of the National Labor Relations Act (NLRA), 29 U.S.C. §§ 158(a)(1) & (2). The Board has jurisdiction pursuant to 39 U.S.C. § 1209(b) and 29 U.S.C. § 160(c). The parties agreed to waive a hearing before an administrative law judge and moved to transfer the case directly to the Board for a decision on stipulated facts. The Board granted this motion as well as a motion to intervene brought by the union and the National Association of Letter Carriers (intervenors).

The Board considered the effect of section 1205 of the Postal Reorganization Act (Postal Act), 39 U.S.C. § 1205, which requires the Postal Service to honor an employee’s assignment of his wages to pay for periodic union dues. The Board held that the Postal Act “does not mandate that checkoff authorizations are irrevocable per se for 1 year irrespective of the nature of the contractual obligation undertaken by the employee executing the authorization.” (emphasis in original). The Board therefore applied what it called “well-established Board principles recognizing that a dues-checkoff authorization that by its terms makes payment of dues a quid pro quo for union membership is revocable by operation of law upon effective resignation from union membership.” The Board found that the Authorization signed by Dalton provided for “the payment of dues as a quid pro quo for union membership.” Therefore, the Board found that Dalton’s assignment of wages was revoked when he resigned from the union, and that the Postal Service violated section 8(a)(1) and (2) of the NLRA by refusing to honor the revocation. The Board ordered the Postal Service to honor the revocation, to refund the dues unlawfully collected from Dalton, and to post an appropriate notice.

The Board applied to us for enforcement of its order. We granted a motion by the intervenors in the Board proceeding to intervene also in the action before this court. We will enforce the Board’s order “if the Board correctly applied the law and if its findings of fact are supported by substantial evidence in the record viewed as a whole.” NLRB v. Southern California Edison Co., 646 F.2d 1352, 1362 (9th Cir.1981) (Edison).

II

Our review requires us to interpret section 1205(a) of the Postal Act, which provides:

When a labor organization holds exclusive recognition, ... the Postal Service shall deduct the regular and periodic dues of the organization from the pay of all members of the organization in the unit of recognition if the Post Office Department or the Postal Service has received from each employee, on whose account such deductions are made, a written assignment which shall be irrevocable for a period of not more than one year.

39 U.S.C. § 1205(a). The Board and the Postal Service offer different interpreta[551]*551tions of this provision. We must, therefore, first determine whether we should defer to either of these two interpretations.

When reviewing action by an administrative agency, Congress has commanded generally that “the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action.” 5 U.S.C. § 706. Nevertheless, we recognize the “venerable principle that the construction of a statute by those charged with its execution should be followed unless there are compelling indications that it is wrong.” Red Lion Broadcasting Co. v. FCC, 395 U.S. 367, 381, 89 S.Ct. 1794, 1802, 23 L.Ed.2d 371 (1969); accord NLRB v. Hearst Publications Inc., 322 U.S. 111, 130, 64 S.Ct. 851, 860, 88 L.Ed. 1170 (1944); Edison, 646 F.2d at 1362. Congress did not state which agency was to be responsible for administering the provisions of section 1205(a).

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827 F.2d 548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-us-postal-service-ca9-1987.