International Union Of Mine, Mill And Smelter Workers, Local 515 v. American Zinc, Lead & Smelting Co.

311 F.2d 656 INTERNATIONAL UNION OF MINE, MILL AND SMELTER WORKERS, LOCAL 515, an Unincorporated Association of Persons, Appellant, v. AMERICAN ZINC, LEAD & SMELTING CO., a Corporation, Appellee. No. 17400. United States Court of Appeals Ninth Circuit. Jan. 2, 1963, Rehearing Denied March 11, 1963. 1 Nathan Witt, New York City, for appellant. 2 Paine, Lowe, Coffin, Herman & O'Kelly, Horton Herman, and Robert L. Simpson, Spokane, Wash., for appellee. 3 Before MERRILL and DUNIWAY, Circuit Judges, and WALSH, District Judge. 4 WALSH, District Judge. 5 Appellant and appellee are parties to a collective bargaining agreement entered into on March 6, 1957, 1 relating to appellee's Pend Oreille County, Washington, mining operations. The case before us arises out of a dispute between the parties regarding provisions of the agreement covering deductions and checkoffs to be made by appellee from the wages of members of appellant, viz.: 6 'Section 3.05. In the event an employee shall sign a deduction Authorization Card (the form is shown in Schedule 'C'), and the card is in the Company's possession, the Company agrees, after the effective date of such card, to deduct the applicable…