National Labor Relations Board v. Kaiser Steel Corporation and Laborers' International Union of North America, Local No. 1184

Good Law
506 F.2d 1057·87 L.R.R.M. (BNA) 3165·1974 U.S. App. LEXIS 5894
United States Court of Appeals for the Ninth CircuitNovember 26, 197473-3034California2,193 words

Opinion

Opinion

Carter, J.

This case is before the court upon the application of the NLRB pursuant to § 10(e) of the National Labor Relations Act, 29 U.S.C.A. § 151 et seq. The NLRB seeks enforcement of its order against Kaiser Steel Corp. (“the Company”) and the Laborers’ International Union of North America, Local 1184 (“the Union”), requiring the Company and the Union to cease and desist their unfair labor practices culminating in the discharge of Louis 0. Morgan, and to reinstate Morgan with full seniority and privileges, and to make him whole for the time lost due to the discharge. The Board’s Order is reported at 205 NLRB 34 .

The Company and the Union contend that Morgan was validly discharged for failure to pay a second initiation fee claimed to be “uniformly required” within the meaning of §§ 8(a)(3) and 8(b)(3) of the NLRA, 29 U.S.C.A. § 158 (a)(3) and (b)(3), upon transferring from one union to another. We enforce the Order.

FACTS

Louis O. Morgan was first employed as a Laborer at Kaiser’s (the Company’s) Eagle Mountain mining operations camp in February, 1960. He paid an initiation fee on joining the Laborers’ Union. In 1964, he was promoted to the job of heavy duty truck driver and,…

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