N.L.R.B. v. SHEET METAL WORKERS' INTERN. ASS'N

No. 86-7538.

873 F.2d 236 (1989)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, LOCAL 16; Sheet Metal Workers' International Association, AFL-CIO, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided April 25, 1989.


Attorney(s) appearing for the Case

Donald W. Fisher, of Toledo, Ohio, for respondent Sheet Metal Workers' Intern. Ass'n, AFL-CIO. Donald S. Richardson, Richardson & Murphy, of Portland, Oregon, for respondent Sheet Metal Workers' Intern. Ass'n, Local 16.

Susan L. William, Elaine Patrick, and Laurence Zakson, of Washington D.C., for petitioner N.L.R.B.

Before SKOPIL, PREGERSON and NOONAN, Circuit Judges.


SKOPIL, Circuit Judge:

The National Labor Relation Board ("Board") petitions for enforcement of its order declaring that a provision in a union constitution violates section 8(b)(1)(A) of the National Labor Relations Act (the "Act"), 29 U.S.C. § 158(b)(1)(A) (1982). The provision at issue, found in the Sheet Metal Workers' International and Local 16 union constitution, provides in part that:

No resignation shall be accepted if offered in anticipation...

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