National Labor Relations Board v. Sheet Metal Workers' International Association, Local 16 Sheet Metal Workers' International Association, Afl-Cio

The National Labor Relation Board (“Board”) petitions for enforcement of its order declaring that a provision in a union constitution violates section 8(b)(1)(A) of the National Labor Relations Act (the “Act”), 29 U.S.C. § 158 (b)(1)(A) (1982). The provision at issue, found in the Sheet Metal Workers’ International and Local 16 union constitution, provides in part that:

An administrative law judge held that the “mere maintenance of these resignation restrictions in the governing documents of the International and Local 16 coerces and restrains employee-members from exercising their Section 7 rights” in violation of section 8(b)(1)(A). 274 N.L.R.B. 41 , 43 (1985). The Board ordered the union to cease and desist its unfair labor practices by expunging the resignation restrictions from its constitution. Id. at 44 . We enforce the Board’s order.

DISCUSSION

Section 7 of the Act grants employees “the right to refrain from any or all [concerted] ... activities_” 29 U.S.C. § 157 (1982). This general right is implemented by section 8(b)(1)(A) which provides that unions commit unfair labor practices if they “restrain or coerce employees in the exercise” of their section 7 rights. 29 U.S.…