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BOOSTER LODGE NO. 405, INT. ASS'N OF M. & A. W. v. N. L. R. B.

Nos. 24687, 24744.

459 F.2d 1143 (1972)

BOOSTER LODGE NO. 405, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, The Boeing Company, Intervenor. The BOEING COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Booster Lodge No. 405, International Association of Machinists and Aerospace Workers, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 3, 1972.

Attorney(s) appearing for the Case

Mr. Bernard Dunau, Washington, D. C., with whom Messrs. Plato E. Papps, Washington, D. C., and C. Paul Barker, New Orleans, La., were on the brief, for petitioner in No. 24,687 and intervenor in No. 24,744.

Mr. C. Dale Stout, New Orleans, La., for petitioner in No. 24,744 and intervenor in No. 24,687.

Mr. Glen M. Bendixsen, Atty., National Labor Relations Board, with whom Messrs. Arnold Ordman, General Counsel, Washington, D. C., at the time the brief was filed, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Stanley R. Zirkin, Atty., National Labor Relations Board, were on the brief, for respondent.

Before MacKINNON and WILKEY, Circuit Judges, and GOURLEY, Senior District Judge for the Western District of Pennsylvania.

MacKINNON, Circuit Judge:

In this case, we are called upon to examine the right of a labor organization, consonant with the provisions of the National Labor Relations Act (N.L.R.A.), to discipline those members who have crossed its picket line to work during an authorized strike. We must determine the effect which a member's resignation from the union, before, during, or after such conduct, has upon the union's disciplinary...

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