Yott
Yott v. North American Rockwell Corp.
Opinion
Opinion
Real, J.
OPINION AND JUDGMENT
This matter came on for trial after remand from the Court of Appeal for the Ninth Circuit, Yott v. North American Rockwell Corporation, 501 F.2d 398 (9th Cir. 1974).
Plaintiff Kenneth Yott (hereafter Yott) entered his employment with defendant North American Rockwell Corporation (hereafter Rockwell) in February 1947. During his employment he held the classification of Office Equipment Mechanic.
During Yott’s employment with Rockwell and up to October 6, 1968, Rockwell and defendant International Union United Automobile, Aerospace and Agricultural Implement Workers of America, Local Union 887 (hereafter Union) were signatories to a collective bargaining agreement which contained no requirement that an employee in the collective bargaining-unit (including Yott) either be a member of Union or pay dues to Union.
Effective October 6, 1968, the collective bargaining agreement between Rockwell and Union for the first time provided for so-called “union security” with the inclusion of Article II.
Implementation of Article II Union Security required: 1. membership in Union, or 2. the payment of dues to Union by those employees within the bargaining-unit who did not…