National Labor Relations Board v. Eclipse Lumber Co., Inc.

' This is a petition by the National Labor Relations Board to enforce certain orders of the Board against respondent company and respondent union.

■ A. The Board’s Order Against the Company.

' This order is based on a claimed violation of Section 8(a) (3) (B) of the Labor Management Act, 29 U.S.C.A. § 158 (a) (3) (B), hereafter called the Act, which provides “That no employer shall justify any discrimination against an employee for nonmembership in a labor organization * * * (B) if he has reasonable grounds for ‘believing that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership”.

That is to say, that when a union shop agreement is entered into under Section 8(a) (3) of the Act, the Company could not discharge a member of the Union on the Union’s demand if it had reasonable grounds for believing that the Union’s demand for his discharge was on grounds other than for non-payment of periodic dues and required initiation fees. The Company does not question that the “periodic dues” are those due the Union, subsequent to the…