INTERNATIONAL UNION OF MINE, ETC. v. AMERICAN ZINC, L. & S. CO.
Citation | 311 F.2d 656 |
Decision Date | 11 March 1963 |
Docket Number | No. 17400.,17400. |
Parties | INTERNATIONAL UNION OF MINE, MILL AND SMELTER WORKERS, LOCAL 515, an Unincorporated Association of Persons, Appellant, v. AMERICAN ZINC, LEAD & SMELTING CO., a Corporation, Appellee. |
Court | U.S. Court of Appeals — Ninth Circuit |
Nathan Witt, New York City, for appellant.
Paine, Lowe, Coffin, Herman & O'Kelly, Horton Herman, and Robert L. Simpson, Spokane, Wash., for appellee.
Before MERRILL and DUNIWAY, Circuit Judges, and WALSH, District Judge.
Appellant and appellee are parties to a collective bargaining agreement entered into on March 6, 1957,1 relating to appellee's Pend Oreille County, Washington, mining operations. The case before us arises out of a dispute between the parties regarding provisions of the agreement covering deductions and checkoffs to be made by appellee from the wages of members of appellant, viz.:
While the collective bargaining agreement was in force, members of appellant who were employed by appellee executed and delivered to appellee deduction authorization cards, addressed to appellee and in the form set out in Schedule "C" attached to the collective bargaining agreement.2 In April, 1960, appellant's members voted an assessment of $10.00 per member per month as a special strike assessment to assist another local union with respect to a strike contemplated to be begun by the other local against the employer of its members. The assessment was to continue from month to month "until the conclusion of negotiations in the Coeur d'Alene and Metaline areas" and was to be paid by appellant's members in addition to appellant's established $5.00 per month per member union dues.
Appellant notified appellee of the assessment vote and requested appellee to withhold the assessments from the wages of employees who had delivered deduction authorization cards to appellee, and to pay over the assessments to appellant, pursuant to the provisions of the collective bargaining agreement. Appellee refused to check off the $10.00 strike assessment, though it continued to check off the $5.00 per month membership dues, and appellant thereupon filed its complaint in the district court. The complaint prayed, in a first cause of action, recovery of $3,145.00 and interest claimed to be due appellant from appellee for assessments due at the time of filing the complaint, and, in a second cause of action, recovery of the sums appellant claimed would be due it for assessments coming due by the date of trial. Each party moved in the district court for summary judgment in its favor. The district court, finding that there was no issue of fact in the case, denied appellant's motion and granted that of appellee, ruling (a) that the $10.00 strike assessments were not "membership dues" within the meaning of Section 302(c) (4), Labor Management Relations Act, 1947 (29 U.S.C.A. § 186(c) (4))3 validating checkoffs, and (b) that such assessments were not "dues, initiation fees or reinstatement fees" within the meaning of the checkoff provisions of the collective bargaining agreement. Judgment was entered dismissing appellant's complaint and awarding costs to appellee, and appellant appealed to this court. The district court had jurisdiction by virtue of Section 301, Labor Management Relations Act, 1947 (29 U.S.C.A. § 185); and this court has jurisdiction under the provisions of 28 U.S.C.A. § 1291
Appellant asserts, and we agree, that the district court misconstrued Section 302, Labor Management Relations Act, 1947, when it held that the term "membership dues" as used in the proviso (Section 302(c) (4)) does not include and thereby make lawful an employer's checkoff of "assessments" pursuant to written assignments from employee union members. The Department of Justice, the agency charged with enforcement of Section 302, after giving consideration to the penal character of the Section and its purpose, in an opinion4 construed the term "membership dues" as used in Section 302 to cover "assessments". This construction of Section 302 has been followed by the National Labor Relations Board5 and was very recently approved in National Labor Relations Board v. Food Fair Stores, Inc. et al., 307 F.2d 3 (3d Cir., 1962). On the basis of these authorities, we find the district court's construction of Section 302(c) (4) incorrect.
In urging upon us that the court below was accurate in its construction of Section 302(c) (4), appellee cites decisions of the National Labor Relations Board6 holding that "assessments" are not within the term "periodic dues" as used in Sections 8(a) (3) (B) and 8(b) (2) of the National Labor Relations Act; and appellee argues that such decisions should be followed in construing Section 302(c) (4). This contention is well answered by the Third Circuit's exposition in National Labor Relations Board v. Food Fair Stores, Inc., supra, of the differences in purposes and policies involved in the sections:
307 F.2d 12.
Turning to the alternative ground of the decision below — that assessments were not included within the term "Union membership dues" as used in the checkoff provisions of the collective bargaining agreement — we hold that the district court's ruling on this question was premature and should not have been made on the motions for summary judgment. In the light of what has been pointed out earlier regarding the interpretation of the words "membership dues" in Section 302, it is apparent that the meaning of the words "Union membership dues" used in Sections 3.05...
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National Labor Relations Bd. v. Oklahoma Fixture, No. 01-9516.
...v. Strong, 393 U.S. 357, 360-61, 89 S.Ct. 541, 21 L.Ed.2d 546 (1969))); see also Int'l Union of Mine, Mill and Smelter Workers, Local 515 v. Am. Zinc, Lead & Smelting Co., 311 F.2d 656, 659-660 (9th Cir.1963) (holding that "membership dues" in Section 302(c)(4) included assessments, but rem......
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Building and Const. Trades Dept., AFL-CIO v. Reich
...they further note that some courts have approved this interpretation. See International Union of Mine, Mill and Smelter Workers Local 515 v. American Zinc, Lead & Smelting Co., 311 F.2d 656, 659 (9th Cir.1963) (special strike assessment may constitute membership dues under LMRA). None of th......
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N.L.R.B. v. Oklahoma Fixture Co.
...the criminal character of the sanctions it embodies."). See also Int'l Union of Mine Mill & Smelter Workers, Local 515 v. American Zinc, Lead & Smelter Co., 311 F.2d 656, 659 (9th Cir.1963) (hereinafter "American Zinc"); Grajczyk v. Douglas Aircraft Co., 210 F.Supp. 702, 704-06 (S.D.Cal.196......
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National Labor Relations Bd. v. Oklahoma Fixture Co., 01-9516
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