International Ass'n of Machinists & Aerospace Workers, Aeronautical Industrial District Lodge 720 v. National Labor Relations Board

The Union petitions for a review and the Board cross-applies for enforcement of the Board’s order of July 26, 1976. 243 NLRB No. 128 . An Administrative Law Judge (ALJ) had found and the Board agreed that the Union had violated § 8(b)(1)(A) of the National Labor Relations Act, 29 U.S.C. §§ 151 , et seq., by restraining and coercing employees in the exercise of their § 7 rights.

The aggrieved dues equivalent paying nonmembers of the Union, employees Georgia Durrance and Ralph Crandall, are intervenors.

We note jurisdiction under § 10(e) and (f) of the Act and deny the petition for review and enforce the order.

FACTS:

The collective bargaining agreement between the employer, Douglas Aircraft Company of McDonnell Douglas Corp., and the Union contains a union security provision. All employees must either join the Union or pay the equivalent of union dues and fees. If an employee’s dues are not paid for two months, the employee must pay a reinstatement fee or its equivalent, equal to three months’ dues. In 1977, dues were $15.70 per month; in 1978, they were $17.20. When an employee is off the payroll because of layoff, sickness, or disability, he or she can obtain monthly…