Richard C. Price v. National Labor Relations Board

Good Law
373 F.2d 443·64 L.R.R.M. (BNA) 2495·1967 U.S. App. LEXIS 7357
United States Court of Appeals for the Ninth CircuitFebruary 20, 196720653California1,957 words

Opinion

Opinion

Duniway, J.

Price seeks review of a decision of the National Labor Relations Board, which dismissed a complaint based upon his charge that United Steel Workers of America, Local 4028, AFL-CIO, had been guilty of unfair labor practices. The particular portion of the statute upon which he relies is section 8(b) (1) (A) of the National Labor Relations Act as amended ( 29 U.S.C. § 158 (b) (1) (A)).

The facts were stipulated. Price worked for Pittsburgh-Des Moines Steel Company at its Santa Clara, California plant, starting in 1951. As far as the record shows he still works there. The union and the employer had entered into a series of collective bargaining agreements, and at the time Price filed his charge with the Board such an agreement was in effect covering the period September 1, 1962, to September 1, 1964. Price had been a dues paying member of the union ever since 1951.

On April 15, 1964, Price filed a petition with the Regional Director of the Board to rescind the authority of the union to enter into a union security arrangement covering the employees at the Santa Clara plant. He made a mistake, for his actual intent was to file a petition for decertification of the union as the…

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