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N.L.R.B. v. RETAIL CLERKS U., LOCAL 1179

No. 74-2638.

526 F.2d 142 (1975)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. RETAIL CLERKS UNION, LOCAL 1179, RETAIL CLERKS INTERNATIONAL ASSOCIATION, AFL-CIO, Respondent.

United States Court of Appeals, Ninth Circuit.

November 24, 1975.

Attorney(s) appearing for the Case

Allen Cirker (argued), N.L.R.B., Washington, D.C., for petitioner.

David Nevins (argued), of Davis, Cowell & Bowe, San Francisco, Cal., for respondent.

Before CARTER, GOODWIN and KENNEDY, Circuit Judges.

OPINION

ANTHONY M. KENNEDY, Circuit Judge:

In this case we consider whether a union's exercise of discipline over certain of its members constitutes an unfair labor practice prohibited by section 8(b)(1)(A) of the National Labor Relations Act, 29 U.S.C. § 158(b)(1)(A). The Labor Board concluded that it was contrary to national labor policy for the Retail Clerks Union to punish members who failed to observe...

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