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National Labor Relations Board v. International Union of Operating Engineers, Local 825, Iuoe, Afl-Cio

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 825, IUOE, AFL-CIO, Respondent

Nat'l Labor Relations Bd. v. Int'l Union of Operating Engineers, Local 825, Iuoe, Afl-Cio, 420 F.2d 961 (3d Cir. 1970)
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Court
Court of Appeals for the Third Circuit · U.S. Courts of Appeals
Decided
January 28, 1970
Docket
No. 17859_1
Judges
Biggs, Aldisert, Stahl
Citations
420 F.2d 96173 L.R.R.M. (BNA) 24131970 U.S. App. LEXIS 11000

Opinion — Per Curiam

OPINION OF THE COURT PER CURIAM.

The National Labor Relations Board seeks enforcement of an order against International Union of Operating Engineers, Local 825, AFL-CIO 1

because the Board has found that the Union violated Section 8(b) (1) (A) of the National Labor Relations Act 2

by expelling Domenic Tarantino from membership because he had filed an unfair labor practice charge against the Union without first exhausting his internal Union remedies. The Union also argues that the expulsion was merely the internal discipline of a Union member, not in the public domain and hence outside the jurisdiction of the Board.

We find no basis for the Union’s contentions in the law. The Board’s conclusions on these two points are correct. See NLRB v. Industrial Union of Marine and Shipbuilding Workers of America, AFL-CIO, 391 U.S. 418 , 88 S.Ct. 1717 , 20 L.Ed.2d 706 (1968). The Union seeks to distinguish the cited decision by asserting that the charge which led to Tarantino’s expulsion was filed in bad faith and amounts to deliberate abuse of the Board’s processes.

3

The Board, however, found to the contrary and there is substantial evidence to support its finding.

The order of the Board will be enforced.

1

. The Board’s decision and order, dated November 25, 196S, are reported at 173 N.L.R.B. 145 .

2

. 29 U.S.O. § 158(b) (1) (A).

3

. Cf. Philadelphia Moving Picture Machine Operators’ Union, etc. v. NLRB, 382 F. 2d 598, 601, n. 1 (3 Cir. 1968).

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1972: 11978: 11983: 119722026peak 1972 · 1

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Nat'l Labor Relations Bd. v. Indus. Union of Marine & Shipbuilding Workers of Am., 391 U.S. 418 (1968) 239
Philadelphia Moving Picture MacHine Operators' Union, Local No. 307, I. A. T. S. E. v. Nat'l Labor Relations Bd., 382 F.2d 598 (3d Cir. 1967) 6

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