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MACHINISTS LOCAL 1327 v. N.L.R.B.

Nos. 82-7580, 82-7701, 83-7052 and 83-7089.

725 F.2d 1212 (1984)

MACHINISTS LOCAL 1327, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, DISTRICT LODGE 115, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Viola Lapinski, Hilda Hall, and Polmyra Gomes, Intervenors. DISTRICT LODGE 160, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, and Affiliated Local Lodge 1028, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Robert C. Ferguson, Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided February 14, 1984.

Attorney(s) appearing for the Case

Laurence Gold, Washington, D.C., for petitioner.

Barbara Atkin, NLRB, Washington, D.C., for respondent.

Before TUTTLE and MERRILL, Senior Circuit Judges, and PREGERSON, Circuit Judge.

PREGERSON, Circuit Judge:

The question presented is whether a labor organization reasonably restricts the right to resign union membership when it imposes a fine under its constitution on a member who quits the union during a strike to resume working for the struck employer.1 Because the restriction at issue comports with both national labor policy and the test set out in Scofield v. NLRB, 394 U.S. 423

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