Local No. 2880, Lumber & Sawmill Workers Union, United Brotherhood of Carpenters & Joiners v. National Labor Relations Board

*370 On Petition for Rehearing.

The petitioner for rehearing argues that because of our decision construing its closed shop contract with its employer, as follows:

and because if we held otherwise the employee would be held “in terrorem” from exercising his rights at an election, “this court apprehends some doubt about the economic propriety of closed shop contract in the lumber industry.”

The contention is unwarrantable. The petitioner does not deny that the employee is so held in terrorem of violation of the union’s requirements of its members. Such fear is obvious and Congress well may be presumed to have recognized its existence as a factor in making effective all proper closed shop contracts. Because it is an effective factor as to all the legal incidents of a closed shop contract nonetheless makes such fear a factor in a union’s wrongful attempt to defeat the Congressional purpose to democratize the employees’ organization by a free election of their bargaining agent.

The petition for rehearing is denied.

Local No. 2880, Lumber & Sawmill Workers Union, A. F. of L., hereinafter called Local No. 2880, petitions for a review by this court and a stay of and a decree setting aside an order of the National Labor Relations Board holding that the Portland Lumber Mills, a corporation, hereinafter called the Company, had violated sections 8(1) and 8(3) of the National Labor Relations Act, 1 in discharging from its employ one Wilmarth, a skilled employee holding the important lumber milling position of head marker.

The union’s status is that of intervenor under the provisions of section 10(b) of the Act. The Board’s order directed the Company to cease and desist from “engaging in any like or related acts” and to reinstate and make whole the discharged Wilmarth. It cross-petitions the court for a decree of its enforcement.

None of the essential facts are in dispute. On May 3, 1940, was held a Board election for a bargaining agent for the Company’s employees wherein the International Woodworkers Association, CIO, hereinafter called IWA and Local 2880 appeared on the ballot. The election was won by Local 2880. The Company entered into a closed shop agreement with Local 2880 covering all the…