Pacific Transport Lines, Inc.

National Labor Relations Board - Board Decisions

Jan 18, 1962

135 N.L.R.B. 344 (N.L.R.B. 1962)

344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pacific Transport Lines, Inc. and Ernest Brown
Marine Cooks and Stewards , AFL-CIO and Ernest Brown. Cases
Nos. 20-CA-1185 and 20-CB-46A. January 18, 1962
SUPPLEMENTAL DECISION AND ORDER
On February 10, 1958, the Board issued a Decision and Order in the
above-entitled proceeding 1 finding that Respondent Union violated
Section 8(b) (2) and 8(b) (1) (A) of the Act by causing the dis-
charge of Ernest Brown for the nonpayment of dues. The Board
found that Brown was not given a reasonable time within which to
tender his dues after the Union revoked an extension of time granted
for such payment. The Board also found that Respondent Company
violated Section 8(a) (3) of the Act by discharging. Brown with
knowledge of the Union's peremptory revocation of the extension of
time.
Thereafter, on April 3, 1961, the United States Court of Appeals
for the Ninth Circuit denied the Board's petition for enforcement of
its Order against both Respondents.a In this connection, the court
rejected the theory upon which the Board predicated its findings.
However, the court noted that the Board had specifically found it
unnecessary to pass upon an issue as to whether the Union could law-
fully effect a discharge of Brown, because included within its demand
for payment were back dues for a period prior to Brown's employment
with the Respondent Company. For this reason, the court remanded
the case to the Board for such further proceedings as the Board deems
justified.
The Board has reviewed the entire record in this case in the light
of the court's remand. Under all the circumstances, the Board has
concluded that further proceedings are not justified. Accordingly,
the complaint will be dismissed.
[The Board dismissed the complaint.]
MEMBER BROWN took no part in the consideration of the above Sup-
plemental Decision and Order.
1 119 NLRB 1505.
2N.L.R.B. v. Pacific Transport Lanes, Inc, and Marine Cooks & Stewards , AFL-CIO,
290 F. 2d 14.
. 135 NLRB No. 50.
Star Paper Tube, Inc. and United Textile Workers of America,
-AFL-CIO. Case No. 5-CA-1910. January 19, 1962
DECISION AND ORDER
On October 30, 1961, Trial Examiner Arthur E. Reyman issued
his- Intermediate Report in the above -entitled proceeding , finding
135 NLRB No. 45.