Carpenters Local v. Labor Board, 365 U.S. 651 (1961)

Local 60, United Brotherhood of Carpenters and Joiners of

America, AFL-CIO v. National Labor Relations Board
No. 68

Argued February 28, March 1, 1961
Decided April 17, 1961
365 U.S. 651

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Syllabus

An employer entered into a contract with the Brotherhood of Carpenters to employ members of the union and to abide by the rules and regulations of the union applicable to the locality where work was done. Upon undertaking work in a certain locality, the employer agreed to hire workers on referral from petitioner local union. Two applicants from another local union were denied employment because they could not get referral from petitioner local union. The National Labor Relations Board found that the unions had violated § 8(b)(1)(A) and § 8(b)(2) of the National Labor Relations Act, as amended, by maintaining and enforcing an agreement which established closed shop preferential hiring conditions and by causing the employer to refuse to hire the two applicants. There was no evidence, however, that they had coerced any employee to become or remain a member.

Held: on the record in this case, the Board was not authorized under § 10(c) to require the unions to refund dues and fees paid to them by their members. Virginia Electric Co. v. Labor Board, 319 U.S. 533, distinguished. Pp. 652-656.

273 F. 2d 699, reversed.