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BUZENIUS v. N.L.R.B.

No. 96-5139.

124 F.3d 788 (1997)

Roland BUZENIUS, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Paperworkers International Union; United Paperworkers International Union, Local 1033, Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided September 8, 1997.

Attorney(s) appearing for the Case

John C. Scully, (argued and briefed), National Right To Work Legal Defense Foundation, Springfield, VA, for Petitioner.

Aileen A. Armstrong, (briefed), Deputy Associate Gen. Counsel, Deborah E. Shrager, (argued and briefed), National Labor Relations Board, Appellate Court Branch, Washington, DC, Margaret Gaines Neigus, (briefed), National Labor Relations Board, Washington, DC, for Respondent.

Peter M. Fox, Kircher, Robinson, Newman & Welch, Cincinnati, OH, James B. Coppess, (argued and briefed), AFL-CIO Legal Department, Washington, DC, for Intervenor.

Before: SILER and BATCHELDER, Circuit Judges; HULL, District Judge.

BATCHELDER, Circuit Judge.

In this case we must decide whether a union-security clause requiring employees to become and remain "members of the Union in good standing" as a condition of continued employment, without concurrent definition in the collective bargaining agreement, is facially valid. For the following reasons, we hold that it is not. We therefore REVERSE the order of the National Labor Relations Board...

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