National Labor Relations Board v. International Union of Operating Engineers, Local Union No. 12

This case arises upon the petition of the National Labor Relations Board, pursuant to Section 10(e) of the National Labor Relations Act, 29 U.S.C. § 160 (e), for enforcement of its order. The Board found, in agreement with the trial examiner, that the Union violated Sections 8(b) (2) and 8(b) (1) (A) of the Act, 29 U.S.C. §§ 158 (b) (2) and 158(b) (1) (A), by causing Ledford Bros., a contracting firm, to discriminate against and to fire an employee, Thomas Connolly, because he was not a member of the Union. The Board found that the Union had previously refused the employee Union membership. The Board’s order requires the Union to make Connolly whole for any loss of pay caused by the unfair labor practice and to notify the company that it has no objection to Connolly’s employment without regard to his membership or non-membership in the Union.

Thomas Connolly was a member of the International Union of Operating Engineers, Local Union No. 12, in 1956, when he began working for a company which by a collective bargaining agreement re quired him to join another union. Connolly dropped his membership in the Engineers Union, but did not receive a withdrawal card. In 1962 Connolly sought…