Kaj Kling, an Individual v. National Labor Relations Board

In late October 1971, Kaj Kling, a long-time machinist employee of West Winds Inc., tried to return to his job after a leave of absence that had begun in June of that year. The machinists union stripped him of his seniority rights. Rather than return to work without seniority, Kling left West Winds and thereafter filed an unfair labor practice complaint with the National Labor Relations Board. After a hearing, the administrative law judge concluded that the union had engaged in unfair labor practices by causing the constructive discharge of Kling and issued a recommended order requiring the union to pay damages and to cease and desist. On appeal the Board dismissed the complaint, finding that the union’s actions were reasonable and were not improperly motivated. Our jurisdiction is based upon 29 U.S.C. § 160 (f).' We grant the petition for review, vacate the order of the NLRB and reinstate the order of the administrative law judge.

In June 1971 Kling asked for a two-month leave of absence. This request was formalized in a letter dated June 1. Shortly after Kling’s departure, the shop steward told the employer he did not want Kling to return with full seniority, but…