UNITED NUCLEAR CORPORATION v. N. L. R. B.

No. 6403.

340 F.2d 133 (1965)

UNITED NUCLEAR CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals First Circuit.

Decided January 18, 1965.


Attorney(s) appearing for the Case

John J. Delaney, Jr., Boston, Mass., with whom John A. Canavan, Jr., Gordon P. Ramsey, and Nutter, McClennen & Fish, Boston, Mass., were on brief, for petitioner.

Warren M. Davison, Atty., Washington, D. C., with whom Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Herman M. Levy, Atty., Washington, D. C., were on brief, for respondent.

Before ALDRICH, Chief Judge, and SWEENEY and WYZANSKI, District Judges.


WYZANSKI, District Judge.

The ultimate question in this case is whether in view of the terms of a specific "maintenance-of-membership" clause in a collective bargaining contract, and a specific Union constitution, an employee who had paid Union initiation fees, attended Union meetings, and voted there, but has not, as required by the Union's constitution, complied with its conditions precedent for full Union membership, such as approval by a majority...

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