National Labor Relations Board v. W. B. Jones Lumber Company, Inc., and Lumber and Sawmill Workers' Union, Local 2288, AFL

Good Law
245 F.2d 388·39 L.R.R.M. (BNA) 2728·1957 U.S. App. LEXIS 4498
United States Court of Appeals for the Ninth CircuitMarch 29, 195715172California1,637 words

Opinion

Opinion

Fee, J.

This petition for enforcement of an order of the National Labor Relations Board presents in general questions of the exercise of jurisdiction and questions of fair hearing and due process of law.

W. B. Jones Lumber Company, Inc., was engaged in operations which the Board found affected commerce. Don F. Tooze was hired by the Company on October 28, 1954. Before he left his former job, he had,been found guilty by his union of engaging in dual unionism. Tooze'made an effort to pay up his arrears and join the plant local, but the union refused. The business agent of the plant local would not grant Tooze a work permit for November. And on November 17 another Union representative told the yard superintendent for the Company that Tooze was not a member of the plant local and he would have to be pulled off the job or the Union would put a picket line around the yard. The superintendent reluctantly agreed. Tooze was then not permitted to work. Acting upon advice from the Company, Tooze offered to pay the Union back dues, initiation fees and dues to the plant local, but the business agent replied that the Union could not accept dues owed to “another union” and rejected the offer to join…

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