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National Labor Relations Board v. Retail Clerks Union

United States Court of Appeals, Ninth Circuit
526 F.2d 142 (1975)
ELI5:

Rule of Law:

A union commits an unfair labor practice under § 8(b)(1)(A) of the National Labor Relations Act when it disciplines members for crossing another union's picket line that is subsequently found to be unlawful, as such discipline impairs national labor policy even if it also serves a legitimate union interest.


Facts:

  • The Teamsters Union initiated picketing at Alpha Beta-Acme Markets (Alpha Beta) to protest area employment standards.
  • Retail Clerks Local 1179, whose members were employed by Alpha Beta, instructed its members to honor the Teamsters' picket line in a sympathy strike.
  • Gregory Pereira and 69 other members of Clerks Local 1179 crossed the picket line and continued to work at an Alpha Beta store.
  • The National Labor Relations Board (NLRB) subsequently determined that the Teamsters' picketing was unlawful and violated section 8(b)(7) of the National Labor Relations Act.
  • After the picketing was declared unlawful, Clerks Local 1179 charged, held hearings, and fined Pereira and the other members for crossing the picket line in violation of union bylaws.
  • The union sought and obtained judgments in state small claims court to enforce the unpaid fines and refused to transfer the memberships of several members due to the outstanding fines.

Procedural Posture:

  • Alpha Beta-Acme Markets filed an unfair labor practice charge with the National Labor Relations Board (NLRB) against the Teamsters Union.
  • The NLRB issued a complaint, obtained a federal injunction halting the picketing, and subsequently ruled that the Teamsters' picketing violated § 8(b)(7) of the NLRA.
  • Gregory Pereira, a member of Retail Clerks Local 1179, filed an unfair labor practice charge against his union.
  • The NLRB's regional director issued a complaint against Local 1179 based on Pereira's charge.
  • An administrative law judge concluded that Local 1179 violated § 8(b)(1)(A) of the NLRA.
  • The full NLRB affirmed the administrative law judge's decision and issued an order requiring the union to rescind punishments and refund fines.
  • The NLRB applied to the U.S. Court of Appeals for the Ninth Circuit, the court of decision, for enforcement of its order against the union.

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Issue:

Does a union's disciplinary action against its members for crossing another union's picket line constitute an unfair labor practice under § 8(b)(1)(A) of the National Labor Relations Act when that picket line is subsequently determined to be unlawful?


Opinions:

Majority - Kennedy, Circuit Judge

Yes. A union's disciplinary action against members for crossing a picket line that is later found to be unlawful constitutes an unfair labor practice. While unions generally have the right to enforce internal rules under the 'internal affairs' doctrine, this exemption does not apply when the union's actions impair a national labor policy. Here, the policy being impaired is the one expressed in section 8(b)(7) of the NLRA, which prohibits the type of unlawful picketing the Teamsters conducted. By punishing members for refusing to honor an unlawful picket line, Clerks Local 1179's actions undermined this federal policy. Although the union had a legitimate interest in promoting solidarity, that interest is outweighed by the impairment of national labor policy, especially given that the union continued its disciplinary efforts after the picketing was officially declared illegal.



Analysis:

This decision refines the 'internal affairs' doctrine by establishing that a union's legitimate interest in internal discipline does not shield it from liability when its actions undermine a specific national labor policy. The court prioritizes the integrity of federal labor law over a union's interest in enforcing solidarity for an illegal cause. The ruling effectively requires unions to cease disciplinary actions against members who cross a picket line once that picket line has been declared unlawful by the NLRB. This case serves as a precedent limiting a union's power to compel participation in sympathy strikes that support illegal labor activities, thereby protecting an employee's Section 7 right to refrain from such activities.

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