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INTERNATIONAL UNION, ETC. v. N. L. R. B.

No. 80-2393.

675 F.2d 1257 (1982)

The INTERNATIONAL UNION OF THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA, LOCAL UNIONS NOS. 141, 229, 681, AND 706, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 16, 1982.

Attorney(s) appearing for the Case

Louis Robein, New Orleans, La., for petitioner. Jerry L. Gardner, Jr., New Orleans, La., was on the brief for petitioner.

David A. Fleischer, N. L. R. B., Washington, D. C., with whom Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C., was on the brief, for respondent.

Rex H. Reed and Richard J. Clair, Springfield, Va., were on the brief for amicus curiae National Right to Work Legal Defense Foundation, Inc., urging affirmance.

Before J. EDWARD LUMBARD, Senior Circuit Judge for the Second Circuit, ROBB and MIKVA, Circuit Judges.

Opinion for the court filed by Senior Circuit Judge LUMBARD.

Dissenting opinion filed by Circuit Judge MIKVA.

LUMBARD, Senior Circuit Judge:

In bargaining for a renewal of labor management contracts in four right-to-work states, the Union1 insisted on clauses assessing non-union employees for the costs of union representation. International Paper Co. (the Company) responded that, in those states, such clauses were illegal...

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