|UNITED AUTOMOBILE, AEROSPACE AND
AGRICULTURAL IMPLEMENT WORKERS OF AMERICA,
LOCAL 600, AFL-CIO,
NATIONAL LABOR RELATIONS BOARD,
| Nos. 19-2033/2168|
On Petition for Review and Cross-Application for Enforcement
of an Order of the National Labor Relations Board;
Decided and Filed: April 13, 2020
Before: SUHRHEINRICH, BUSH, and MURPHY, Circuit Judges.
SUHRHEINRICH, Circuit Judge. After paying union dues for twenty-four years to
UAW Local 600 (“Union”), Lloyd Stoner (“Stoner”) decided in February 2018 to resign from
the Union. The Union failed to promptly notify Stoner’s employer, Ford Motor Company
(“Ford”), allegedly due to a clerical error. Ford therefore continued to deduct dues from Stoner’s
paycheck for two months and remit them to the Union. This prompted Stoner to file an unfair
labor practice charge with the National Labor Relations Board (“Board”). The Board held that
the Union’s failure to promptly process Stoner’s resignation of union membership violated
Section 8(b)(1)(a) of the National Labor Relations Act, 29 U.S.C. §§ 151–169 (the “Act”), in two
ways: first, by “restraining” Stoner’s right to withdraw from the Union, and, second, by
breaching the Union’s duty of “fair representation.” The Union has filed a petition for review of
that decision, and the Board has filed a cross-application for enforcement.
. . .
For the reasons stated above, we GRANT in part the Union’s petition relating to the
unfair labor charge; we also GRANT in part the Board’s cross-petition and ENFORCE that
portion of the Board’s decision holding that the Union breached its duty of fair representation.