National Labor Relations Board v. Fishermen & Allied Workers Union, Local 33, International Longshoremen's and Warehousemen's Union

Proceeding under section 10(e) of the National Labor Relations Act (Act), as amended, 29 U.S.C. § 160 (e), the Petitioner (Board) seeks a decree enforcing an order issued by it against the Respondent (Union). The Board’s order was based upon its finding that the Union had violated sections 8(b)(1)(A) and 8(b)(2) of the Act by causing an employing company to discharge an em ployee, Dominic Ciolino, for failure to pay union dues for a period antedating his employment with the discharging employer. 29 U.S.C. §§ 158 (b)(1)(A), (b)(2). The Board’s “Decision and Order” is reported at 180 NLRB No. 131 , 1970 CCH NLRB Dec. 21,565 (1970).

In April of 1962, Ciolino joined the San Pedro Independent Fishermen’s Union (Independent) because he was working for an employer which had a collective bargaining agreement with that union. Ciolino made his initial payments and was marked delinquent when he left that job in November, 1962. In June, 1962, the membership of the Independent voted to affiliate with the Union involved in this action and to accept a charter as Local 33A. In November, 1964, Local 33A voted to merge with Local 33 of the Union. Around October 1, 1968, Ciolino began working for…