INTERN. ASS'N MACH. & AERO. WORKERS v. N.L.R.B.

Nos. 96-1246, 96-2928 and 96-3467.

133 F.3d 1012 (1998)

INTERNATIONAL ASSOCIATION OF MACHINISTS & AEROSPACE WORKERS, et al., Petitioners, Cross-Respondents, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner, Alan Strang, et al., Intervenors.

United States Court of Appeals, Seventh Circuit.

Decided January 14, 1998.


Attorney(s) appearing for the Case

Laurence Gold (argued), Bredhoff & Kaiser, Washington, DC, Allison Beck, Mark D. Schneider, International Association of Machinist and Aerospace Workers, Upper Marlbro, MD, James B. Coppess, AFL-CIO, Washington, DC, for Petitioners/Cross-Respondents in No. 96-1246.

Laurence Gold (argued), Bredhoff & Kaiser, Washington, DC, Allison Beck, Mark D. Schneider, International Association of Machinist and Aerospace Workers, Upper Marlbro, MD, for Petitioners/Cross-Respondents in No. 96-2928.

Laurence Gold (argued), Bredhoff & Kaiser, Washinton, DC, David Rosenfeld, Vanbourg, Weinberg, Roger & Rosenfeld, Oakland, CA, Allison Beck, Mark D. Schneider, International Association of Machinist and Aerospace Workers, Upper Marlbro, MD, Greg Adler, Livingston, Adler & Pulda, Hartford, CT, for Petitioners/Cross-Respondents in No. 96-3467.

Aileen A. Armstrong, Frederick Havard, Fred L. Cornnell, Jr. (argued), National Labor Relations Board, Appellate Court, Enforcement Litigation, Washington, DC, Michael Marcionese, National Labor Relations board, Region 34, Hartford, CT, for Respondent/Cross-Petitioner in No. 96-1246.

Aileen A. Armstrong, Frederick Havard, Fred L. Cornnell, Jr. (argued), National Labor Relations Board, Appellate Court, Enforcement Litigation, Washington, DC, for Respondent/Cross-Petitioner in No. 96-2928.

Aileen A. Armstrong, Frederick Havard, Fred L. Cornnell, Jr. (argued), National Labor Relations Board, Appellate Court, Enforcement Litigation, Washington, DC, Peter B. Hoffman, Regional Director, National Labor Relations Board, Region 34, Hartford, CT, for Respondent/Cross-Petitioner in No. 96-3467.

W. James Young, Glenn M. Taubman (argued), National Right To Work Legal Defense Foundation, Springfield, VA, for Intervenors.

Before POSNER, Chief Judge, RIPPLE and EVANS, Circuit Judges.


POSNER, Chief Judge.

We have before us cross-petitions to set aside and to enforce an order by the National Labor Relations Board specifying certain procedures that the machinists' union must or may follow in order to protect the rights of union nonmembers whom the union and its locals represent in collective bargaining with employers. A bit of history will bring the issues into focus. Section 8(a)(3) of the National Labor Relations Act contains a proviso permitting...

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