E. Dean Rasmussen v. National Labor Relations Board

Rasmussen filed a complaint with the National Labor Relations Board (NLRB) alleging that his union local committed an unfair labor practice by fining him for crossing an authorized picket line. The Board dismissed Rasmussen’s complaint and he appeals. We grant enforcement of the Board’s order in part and vacate the Board’s order in part.

I.

FACTS AND PROCEEDINGS BELOW

Rasmussen is employed as the Chief Engineer at the Golden Nugget Hotel and Casino in Las Vegas, Nevada. He is also a member of Local 501 of the International Union of Operating Engineers (the Union). On May 4, 1983, after the expiration of the labor agreement between the Union and the Golden Nugget, the Union declared a strike. Sixteen nonsupervising engineers joined the strike; Rasmussen did not. The hotel continued to operate during the strike. The striking engineers, who were responsible for all electrical and plumbing repair work in the hotel, were replaced by untrained laborers. Rasmussen initially trained these employees in extensive lectures, but he admitted that their qualifications and performance were less than satisfactory. After these training sessions, Rasmussen sometimes accompanied the replacements…