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

Nos. 87-5764, 87-5809.

865 F.2d 791 (1989)

INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW) and its Local 449, Petitioners, Cross-Respondents, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided January 19, 1989.

Rehearing and Rehearing Denied March 10, 1989.


Attorney(s) appearing for the Case

Michael B. Nicholson (argued), Detroit, Mich., for petitioners, cross-respondents.

Aileen Armstrong, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., Dennis Walsh (argued), Barbara A. Atkin, Glen A. Zipp, Director, Region 33, N.L.R.B., Peoria, Ill., for respondent, cross-petitioner.

Before RYAN and NORRIS, Circuit Judges, LIVELY, Senior Circuit Judge.


Rehearing and Rehearing En Banc Denied March 10, 1989.

LIVELY, Senior Circuit Judge.

The question for decision is whether a union's restrictions on its members' right to resign their union membership violate section 8(b)(1)(A) of the National Labor Relations Act, as amended, 29 U.S.C. § 158(b)(1)(A).1 The only enforcement provision available to the union for a member's unauthorized attempt to resign was suspension or expulsion...

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