National Labor Relations Board v. Construction & Building Material Teamsters Local No. 291

The Board has applied for enforcement of its order issued against the respondent union. The Board found the union to have violated § 8(b)(2) and (1)(A) of the National Labor Relations Act, 29 U.S.C. § 158 (b)(2) and (1)(A), 1 when it caused employee Edwin White to be discharged by his employer, Kaiser Industries, Sand and Gravel Division, for delinquency in payment of union dues, without first giving White notice of his suspension from membership in the union and an opportunity to restore himself to good standing. The Board’s action followed hearing before an Administration Law Judge on a charge of unfair labor practice filed by White.

The constitution of the international union with which respondent is affiliated provides in part:

The collective bargaining agreement between the union and the employer contains the following union security provision:

There was no provision for check-off of union dues by the employer.

The union has followed the practice of not requesting the discharge of any member covered by a union security agreement unless and until that member has been automatically suspended from membership *1297 following three months of arrears in his or her dues…