Stewart v. NLRB

Petitioners, a group of employees, during the period between the expiration of the operative collective bargaining agreement and the commencement of a new one, resigned from their union and sought to revoke their dues-checkoff authorizations. The Board rejected charges that the company and union had committed an unfair labor practice by continuing to check off union dues from petitioners' wages. The court vacated the Board's decision and remanded, explaining that the Board treated the case as a straightforward application of its precedent pertaining to the revocability of dues-checkoff arrangements. The court concluded that the circumstances of this case differed in significant ways from those in the precedent on which the Board relied. Because the Board's decision lacked an explanation of how the outcome of this case could be squared with the outcome of its precedent and governing law, the court could not sustain it. View "Stewart v. NLRB" on Justia Law