Before Silberman, Buckley, and Ginsburg, Circuit Judges.
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board
Opinion for the court filed by Circuit Judge Buckley.
Local Union No. 99, International Brotherhood of Electrical Workers, AFL-CIO, petitions for review of a National Labor Relations Board order holding that it engaged in an unfair labor practice and directing it to take appropriate remedial actions. Because we agree with the Board that Local 99 did not give Robert Carroll adequate notice of the consequences of his failure to remit his union dues before it took steps that resulted in his discharge from employment, we deny the petition for review and grant the Board's cross-application for enforcement.
In 1986, Jack McGee started his own business, Electrical Maintenance and Control, Inc. ("EMC"), which specialized in installing and maintaining temperature control systems. EMC became a party to a collective bargaining agreement ("Wireman's Agreement") with Local 99. The Wireman's Agreement contained a "union security clause" that provided, in pertinent part:
All employees who are members of the Union on the effective date of this Agreement shall be required to remain members of the Union as a condition of employment during the term of this Agreement. New Employees shall be required to become and remain members of the Union as a condition of employment from and after the thirty-first day following the date of their employment, or effective date of this Agreement, whichever is later.
Wireman's Agreement art. II, Section(s) 3, reprinted in Joint Appendix ("J.A.") at 44-45. Mr. McGee requested and obtained Mr. Carroll's services through Local 99's hiring hall.
During all relevant periods, employed members of Local 99 paid dues of 2-1/2% of their weekly pay checks and a quarterly per capita levy. In 1991, Mr. Carroll failed to make his first two quarterly payments. By letter dated June 21, 1991, Local 99 informed him of his delinquency and excerpted the following passages from the International Brotherhood of Electrical Workers ("IBEW") Constitution:
Any member indebted to his [local union] for six months' full dues shall be dropped from membership by the [Financial Secretary for the local union] and cannot become a member in good standing again in the I.B.E.W. except by joining as a new member. (Article XXIII, Sec. 4)
Letter from Spaziano to Carroll of 6/21/91, reprinted in J.A. at 28. The letter thus warned Mr. Carroll that on June 30, 1991, he would face expulsion from the union should he fail to remit payment by that date; it neglected to warn him, however, that a failure to meet the deadline would also result in his discharge from EMC. Mr. Carroll later testified that he deposited the necessary ...