In a union's petition for review of the National Labor Relations Board's order holding that the union engaged in unfair labor practices when it persuaded a construction company to fire an employee for failing to pay his union dues, the petition is denied where: 1) a letter sent by the union demanding the termination violated National Labor Relations Act section 8(b)(1)(A), because the union claimed the right and intent to seek the employee's immediate dismissal without first discharging its fiduciary duties by explaining to the employee how it calculated his dues, or providing him a reasonable time period in which to make payment.
Filed February 2, 2010
Opinion by Judge Gorsuch
Terrence A. Johnson, Colorado Springs, CO
Milakshmi V. Rajapakse, Meredith L. Jason, Ronald Meisburg, and John E. Higgins, Jr., National Labor Relations Board, Washington, DC