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National Labor Relations Board v. International Union of Operating Engineers

UNITED STATES COURT OF APPEALS, THIRD CIRCUIT.


January 28, 1970

NATIONAL LABOR RELATIONS BOARD, PETITIONER
v.
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 825, AFL-CIO, RESPONDENT.

Before BIGGS, ALDISERT and STAHL, Circuit Judges.

Per Curiam: The National Labor Relations Board seeks enforcement of an order against International Union of Operating Engineers, Local 825, AFL-CIO*fn1 because the Board has found that the Union violated Section 8(b)(1)(A) of the National Labor Relations Act*fn2 by expelling Domenic Tarantino from membership because he had filed an unfair labor practice charge against the Union without first exhausting his internal Union remedies. The Union also argues that the expulsion was merely the internal discipline of a Union member, not in the public domain and hence outside the jurisdiction of the Board.

We find no basis for the Union's contentions in the law. The Board's conclusions on these two points are correct. See NLRB v. Industrial Union of Marine & Shipbuilding Workers, 391 U.S. 418 (1968). The Union seeks to distinguish the cited decision by asserting that the charge which led to Tarantino's expulsion was filed in bad faith and amounts to deliberate abuse of the Board's processes.*fn3 The Board, however, found to the contrary and there is substantial evidence to support its finding.

The order of the Board will be enforced.


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