National Labor Relations Board v. General Teamsters Local No. 439, Paul McMillen Intervenor

The sole issue presented by the Board’s application for enforcement of its decision and order is whether an employee’s resignation of union membership becomes effective when placed in the union’s after-hours deposit box. The Board rejected the union’s position that the resignation was effective only when discovered by union officials. We conclude that the Board’s decision is defensible and reasonable. The Board’s order will be enforced.

FACTS AND PROCEEDINGS BELOW

During an economic strike called by respondent General Teamsters Local No. 539 (“union”), intervenor Paul McMillen (“McMillen”) elected to resign from the union and return to work. He submitted his resignation during the night by leaving a notarized letter in the union’s night drop box. The following morning, McMillen crossed the picket line and returned to work. His letter of resignation was discovered by the union when the office opened about an hour after McMillen had returned to work.

Over the next few months McMillen continued to tender his dues to the union. Although the union initially accepted his dues, it eventually returned them maintaining that McMillen had resigned his membership. Thereafter, the union…