Home/Case Law/Ninth Circuit/National Labor Relations Board v. Local Union No. 38, United Association of Journeymen & Apprentices of the Plumbing & Pipe Fitting Industry
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No. 8891896
United States Court of Appeals for the Ninth Circuit
National Labor Relations Board v. Local Union No. 38, United Association of Journeymen & Apprentices of the Plumbing & Pipe Fitting Industry
No. 8891896 · Decided January 10, 1968
No. 8891896·Ninth Circuit · 1968·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
January 10, 1968
Citation
No. 8891896
Disposition
See opinion text.
Full Opinion
PER CURIAM: The evidence more than adequately supports the finding that the union secured Havill’s discharge primarily because he was not a member of the union, an action clearly unlawful under the Act. Radio Officers Union, etc. v. N.L.R.B., 347 U.S. 17, 40-42 , 74 S.Ct. 323 , 98 L.Ed. 455 (1954); N.L.R.B. v. Local 776 IATSE, 303 F.2d 513 (9th Cir. 1962). So long as a major or dominant reason for discharge was one proscribed by the Act, it is immaterial that the acting party may have had other legitimate grounds for its action. N.L.R.B. v. Tonkin Corp., 352 F.2d 509 (9th Cir. 1965); Bon Hennings Logging Co. v. N.L.R.B., 308 F.2d 548, 553-555 (9th Cir. 1962). We decree enforcement of the Board’s order.
Plain English Summary
PER CURIAM: The evidence more than adequately supports the finding that the union secured Havill’s discharge primarily because he was not a member of the union, an action clearly unlawful under the Act.
Key Points
01PER CURIAM: The evidence more than adequately supports the finding that the union secured Havill’s discharge primarily because he was not a member of the union, an action clearly unlawful under the Act.
02So long as a major or dominant reason for discharge was one proscribed by the Act, it is immaterial that the acting party may have had other legitimate grounds for its action.
03
04
Frequently Asked Questions
PER CURIAM: The evidence more than adequately supports the finding that the union secured Havill’s discharge primarily because he was not a member of the union, an action clearly unlawful under the Act.
FlawCheck shows no negative treatment for National Labor Relations Board v. Local Union No. 38, United Association of Journeymen & Apprentices of the Plumbing & Pipe Fitting Industry in the current circuit citation data.
This case was decided on January 10, 1968.
Use the citation No. 8891896 and verify it against the official reporter before filing.