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INTERN. UNION OF ELEVATOR, ETC. v. N. L. R. B.

No. 80-1692.

665 F.2d 376 (1981)

INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS LOCAL UNION NO. 8, Petitioner, v. NATIONAL LABOR RELATIONS BOARD.

United States Court of Appeals, District of Columbia Circuit.

Decided September 11, 1981.

Attorney(s) appearing for the Case

Brian A. Powers, Washington, D. C., with whom Donald J. Capuano, Washington, D. C., Victor Van Bourg and David Rosenfeld, San Francisco, Cal., were on brief, for petitioner.

Peter Winkler, Atty., N. L. R. B., Washington, D. C., with whom John G. Elligers and Christopher W. Katzenbach, Attys., N. L. R. B., Washington, D. C., were on brief, for respondent.

Laurence J. Cohen and Victoria L. Bor, Washington, D. C., were on brief for amicus curiae Bldg. and Const. Trades Dept., AFL-CIO, urging reversal.

Before MacKINNON, MIKVA and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

This case involves a troublesome conjunction of a union constitutional requirement and a clause in the collective bargaining agreement between the union and employer. The union constitution requires members to pay fines before dues; the collective bargaining agreement contains a union security clause requiring the employer to fire any employee who fails to join and maintain membership...

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