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N.L.R.B. v. GENERAL TEAMSTERS LOCAL NO. 439

No. 86-7722.

837 F.2d 888 (1988)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. GENERAL TEAMSTERS LOCAL NO. 439, Respondent. Paul McMillen, Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided January 27, 1988.

Attorney(s) appearing for the Case

Elliott Moore, Deputy Associate Gen. Counsel, Washington, D.C., for petitioner.

David A. Rosenfeld, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, Cal., for respondent.

Karen E. Ford, Major Williams Jr., Littler, Mendelson, Fastiff & Tichy, San Francisco, Cal., for intervenor.

Before SKOPIL and POOLE, Circuit Judges, and CURTIS, District Judge.

SKOPIL, Circuit Judge:

The sole issue presented by the Board's application for enforcement of its decision and order is whether an employee's resignation of union membership becomes effective when placed in the union's after-hours deposit box. The Board rejected the union's position that the resignation was effective only when discovered by union officials. We conclude that the Board's decision is defensible and reasonable. The Board's order will be enforced.

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