NLRB v. Granite State Joint Board, Textile Workers Union of America
Supreme Court of the United States
National Labor Relations Board v. Granite State Joint Board, Textile Workers Union of America, Local 1029, AFL-CIO
Certiorari to the United States Court of Appeals for the First Circuit
No. 71-711. Argued: November 13, 1972 --- Decided: December 7, 1972
Where neither the Union-employer contract nor the Union's constitution or bylaws defined or limited the circumstances under which a member could resign from the Union, it was an unfair labor practice for the Union to fine employees who had been Union members in good standing but who had resigned during a lawful strike authorized by the members and thereafter returned to work during that strike. Pp. 215-218.
446 F.2d 369, reversed.
DOUGLAS, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, STEWART, WHITE, MARSHALL, POWELL, and REHNQUIST, JJ., joined. BURGER, C.J., filed a concurring opinion, post, p. 218. BLACKMUN, J., filed a dissenting opinion, post, p. 218.
Norton J. Come argued the cause for petitioner. With him on the brief were Solicitor General Griswold, Allan A. Tuttle, and Peter G. Nash.
Harold B. Roitman argued the cause and filed a brief for respondent.
Milton Smith, Jerry Kronenberg, and Gerard C. Smetana filed a brief for the Chamber of Commerce of the United States as amicus curiae urging reversal.
Plato E. Papps, Louis Poulton, and Bernard Dunau filed a brief for the International Association of Machinists and Aerospace Workers, AFL-CIO, as amicus curiae, urging affirmance.