N.L.R.B. v. International Union of Operating Engineers, AFL-CIO, Hoisting and Portable Local No. 101, AFL-CI

• Citation: 972 F.2d 354
• Decision Date: 09 July 1992
• Docket Number: AFL-CI,H,No. 92-1329,R,No. 101,101,92-1329
• Parties: NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that they are not precedent and generally should not be cited unless relevant to establishing the doctrines of res judicata, collateral estoppel, the law of the case, or if the opinion has persuasive value on a material issue and no published opinion would serve as well. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. INTERNATIONAL UNION OF OPERATING ENGINEERS,oisting and Portable Localespondent. . Submitted:
• Court: United States Courts of Appeals. United States Court of Appeals (8th Circuit)

Page 354

972 F.2d 354

NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that they are not precedent and generally should not be cited unless relevant to establishing the doctrines of res judicata, collateral estoppel, the law of the case, or if the opinion has persuasive value on a material issue and no published opinion would serve as well.

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO Hoisting and Portable Local No. 101, Respondent.

No. 92-1329.

United States Court of Appeals,

Eighth Circuit.

Submitted: July 9, 1992.

Filed: August 4, 1992.

Before FAGG, BOWMAN, and WOLLMAN, Circuit Judges.

PER CURIAM.

The National Labor Relations Board (NLRB) seeks enforcement of its order that the International Union of Operating Engineers, AFL-CIO, Hoisting and Portable Local No. 101 (the union) stop coercing Hunt Midwest Mining, Inc. (Midwest) in the selection of its supervisory representatives and that the union rescind its fine against Anthony McLaughlin.

Midwest hired McLaughlin, one of its union member employees, as its production supervisor during a union strike. McLaughlin sought withdrawal from the union and started his new job with Midwest. Two days later, after learning the union would not accept his withdrawal, McLaughlin resigned from the union. McLaughlin performed supervisory duties for Midwest including grievance adjustment. The union charged McLaughlin with performing bargaining unit work behind a picket line and fined him $5000.

After Midwest filed a complaint, the NLRB charged the union with violating section 8(b)(1)(B) of the National Labor Relations Act, 29 U.S.C. § 158(b)(1)(B) (1988), which states: "It shall be an unfair labor practice for a labor organization or its agents-(1) to restrain or coerce ... (B) an employer in the selection of his representatives for ... the adjustment of grievances." The administrative law judge found that the union's actions may affect McLaughlin's ability to represent Midwest in grievance adjustments and that the union did not prove it disciplined McLaughlin for performing bargaining unit work behind the picket line while McLaughlin was a union member. Concluding the union engaged in an unfair labor practice, the administrative law judge entered the order involved in this case. The NLRB adopted and seeks enforcement of the order. International Union of Operating Eng'rs, 304 N.L.R.B. No. 91 (Aug. 27, 1991).

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