National Labor Relations Board v. International Association of MacHinists Guided Missile Lodge 1254

The Board, having held that Respondent Union violates the National Labor Relations Act, hereafter the Act, by maintaining a union security agreement with Convair, a division of General Dynamics Corporation, in violation of Section 8(b) (2) and 8(b) (1) (A), 29 U.S. C.A. § 158(b) (1) (A), (2), thereof and by causing that Company wrongfully to discharge its employee, Pense, seeks our enforcement of its order against the Union to cease and desist from such violations,- make whole Pense for the period of his lost employment and post the usual notices. The agreement was made in 1953 with Convair when operating under another name.

The facts are that the Union and the Company - had an agreement that the Company would discharge an employee member of the Union who failed for three months: to pay his union dues. There was no requirement that any employee should become a member of the Union and the case is one where an employee by willfully joining a union having such a contract made himsef subject to a discharge .for such non-payment of dues. Pense ¡failed to pay his dues for three months, and in December, 1953, was dropped from the Union membership and then on the Union’s request he was…