National Labor Relations Board v. Industrial Union of Marine & Shipbuilding Workers of America
National Labor Relations Board v. Industrial Union of Marine & Shipbuilding Workers of America
Opinion of the Court
delivered the opinion of the Court.
One Holder, a member of respondent unions, filed with the National Labor Relations Board an unfair labor practice charge, alleging that Local 22 had violated § 8 (b)(1)(A) of the National Labor Relations Act,
Section 5 of Article V of the constitution of the International Union, which was binding on Local 22, contained the following provision relative to grievances of union members:
“Every member . . . considering himself . . . aggrieved by any action of this Union, the [General*421 Executive Board], a National Officer, a Local or other subdivision of this Union shall exhaust all remedies and appeals within the Union, provided by this Constitution, before he shall resort to any court or other tribunal outside of the Union.”
While Holder’s charge was pending before the Board, Local 22 lodged a complaint in internal union proceedings against Holder alleging he had violated § 5 of Article Y of the International’s constitution by filing his charge with the Board before he had exhausted his internal remedies. After a hearing before Local 22, Holder was found guilty and expelled from both respondent unions. He then appealed to the General Executive Board of the International which affirmed the local’s action on October 7, 1964.
On October 28, 1964, Holder filed a second charge with the Board, claiming his expulsion for filing the first charge was unlawful. That charge is the basis of the instant case.
A complaint issued; and the Board found that the respondent unions had violated §8 (b)(1)(A) of the Act by expelling Holder for filing a charge with the Board without first having exhausted the intra-union procedures. 159 N. L. R. B. 1065. It issued a remedial order, which the Court of Appeals refused to enforce. 379 F. 2d 702. The case is here on writ of certiorari. 389 U. S. 1034.
The important question is whether consistent with the applicable federal statutes a union may penalize one of its members for seeking the aid of the Board without exhausting all internal union remedies. There is a threshold question, however, concerning the adequacy of Holder’s first or original charge to the Board against respondents. Holder charged discrimination practiced against him because, to use the words of the Regional Director as he paraphrased the charge in the complaint,
The main issue in the case is whether Holder could be expelled for filing the charge with the Board without first having exhausted “all remedies and appeals within the Union”
The Court of Appeals concluded that while this proviso would not permit a union to expel a member because he filed an unfair labor practice charge against the union, it permits a rule which gives the union “a fair opportunity to correct its own wrong before the injured member should have recourse to the Board.” 379 F. 2d, at 707.
We held in NLRB v. Allis-Chalmers Mfg. Co., 388 U. S. 175, that § 8 (b)(1)(A) does not prevent a union from imposing fines on members who cross a picket line created to implement an authorized strike. The strike, we said, “is the ultimate weapon in labor’s arsenal for achieving agreement upon its terms” and the power to fine or expel a strikebreaker “ 'is essential if the union is to be an effective bargaining agent.’ ” Id., at 181.
Section 10 (b) of the Act, 61 Stat. 146, 29 U. S. C. § 160 (b), forbids issuance of a complaint based on conduct occurring more than six months prior to filing of the charge — a provision promoting promptness. A proceeding by the Board is not to adjudicate private rights but to effectuate a public policy. The Board cannot initiate its own proceedings; implementation of the Act is dependent “upon the initiative of individual persons.” Nash v. Florida Industrial Comm’n, 389 U. S. 235, 238. The policy of keeping people “completely free from coercion,” ibid., against making complaints to the Board is therefore important in the functioning of the Act as an organic whole. A restriction such as we find in § 5 of Article V of the International’s constitution is contrary to that policy, as it is applied here. A healthy interplay of the forces governed and protected by the Act means that there should be as great a freedom to ask the Board for relief as there is to petition any other department of government for a redress of grievances.
The difficulty is that a member would have to guess what a court ultimately would hold. If he guessed wrong and filed the charge with the Board without exhausting internal union procedures, he would have no recourse against the discipline of the union. That risk alone is likely to chill the exercise of a member’s right to a Board remedy and induce him to forgo his grievance or pursue a futile union procedure. That is the judgment of the Board; and we think it comports with the policy of the Act. That is to say, the proviso in § 8 (b)(1)(A) that unions may design their own rules respecting “the acquisition or retention of membership” is not so broad as to give the union power to penalize a member who invokes the protection of the Act for a matter that is in the public domain and beyond the internal affairs of the union.
The Court of Appeals found, support for its contrary position in § 101 (a) (4) of the Labor-Management Re
We conclude that “may be required” is not a grant of authority to unions more firmly to police their members but a statement of policy that the public tribunals whose aid is invoked may in their discretion stay their hands for four months, while the aggrieved person seeks relief within the union. We read it, in other words, as installing in this labor field a regime comparable to that which prevails in other areas of law before the federal courts, which often stay their hands while a litigant seeks administrative relief before the appropriate agency.
“The 4-month limitation in the House bill also relates to restrictions imposed by unions rather than the rules of judicial administration or the action of Government agencies.”
Yet it plainly appears from those speaking for the Conference Report that a member was to be permitted to complain to the Board even before the end of the four-month period. Congressman Griffin reported:
“[T]he proviso was not intended to limit in any way the right of a union member under the Labor-Management Relations Act of 1947, as amended, to file unfair labor practice charges against a union, or the right of the NLRB to entertain such charges, even though a 4-month period may not have elapsed.”
And on the Senate side, Senator Kennedy said that the proviso was not intended “to invalidate the consid
We conclude that unions were authorized to have hearing procedures for processing grievances of members, provided those procedures did not consume more than four months of time; but that a court or agency might consider whether a particular procedure was “reasonable” and entertain the complaint even though those procedures had not been “exhausted.” We also conclude, for reasons stated earlier in this opinion, that where the complaint or grievance does not concern an internal union matter, but touches a part of the public domain covered by the Act, failure to resort to any intra-union grievance procedure is not ground for expulsion from a union. We hold that the Board properly entertained the complaint of Holder and that its order should be enforced.
Reversed.
Section 8 (b) provides in part: “It shall be an unfair labor practice for a labor organization or its agents—
“(1) to restrain or coerce (A) employees in the exercise of the rights guaranteed in section 7: Provided, That this paragraph shall not impair the right of a labor organization to prescribe its own
Section 7, 61 Stat. 140, 29 U. S. C. § 157, contains the following guarantee of rights: “Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 8 (a) (3).”
This charge, filed with the Board February 28, 1964, was directed solely against respondent International Union and alleged that:
"On or about October 8, 196 [3], the above named labor organization caused the United States Lines [employer] to discriminate against Edwin D. Holder because he engaged in concerted activities with respect to the conditions of his employment.
“By these and other acts, the above named labor organization has interfered with, restrained and coerced, and continues to interfere with, restrain and coerce the Company’s employees in the exercise of rights guaranteed in Section 7 of the Act.”
By letter of May 20, 1964, the Regional Director informed Holder that this charge was dismissed.
N. 1, supra.
These remedies are provided for in § 3 of Article V of the constitution:
“No Union member in good standing in any Local may be suspended or expelled or otherwise disciplined or penalized without a fair and open trial, of which reasonable notice shall be given the accused member, before the Trial Board of the Local Union . . . . The accused member or members or the accusers may appeal the decision of the local Union’s Executive Board to the regular meeting of the General Membership of the Local Union next follow
Although Holder did not take any internal appeal from the local’s original adverse decision on his charge to it against the president, he did appeal his expulsion to the General Executive Board of the International, which affirmed.
N. 1, supra.
See Cox, Internal Affairs of Labor Unions under the Labor Reform Act of 1959, 58 Mich. L. Rev. 819, 839 (1960); Summers, Legal Limitations in Union Discipline, 64 Harv. L. Rev. 1049, 1067-1068 (1951); Summers, The Usefulness of Law in Achieving Union Democracy, 48 Am. Econ. Rev. 44, 47 (May 1958).
Section 101 (a)(4) provides: “No labor organization shall limit the right of any member thereof to institute an action in any court, or in a proceeding before any administrative agency ... or the right of any member of a labor organization to appear as a witness in any judicial, administrative, or legislative proceeding, or to petition any legislature or to communicate with any legislator: Provided, That any such member may be required to exhaust reasonable hearing procedures (but not to exceed a four-month lapse of time) within such organization, before instituting legal or administrative proceedings . . . .”
See Myers v. Bethlehem Shipbuilding Corp., 303 U. S. 41; compare Railroad Comm’n v. Pullman Co., 312 U. S. 496. The requirement of exhaustion is a matter within the sound discretion of the courts. See, e. g., McCulloch v. Sociedad Nacional, 372 U. S. 10, 16-17. And see Leedom v. Kyne, 358 U. S. 184, 188-189; California Comm’n v. United States, 355 U. S. 534, 539-540. Exhaustion is not required when the administrative remedies are inadequate. Greene v. United States, 376 U. S. 149; McNeese v. Board of Education, 373 U. S. 668. See generally 3 K. Davis, Administrative Law Treatise §20.07 (1958). When the complaint, as in the instant case, raises a matter that is in the public domain and beyond the internal affairs of the union, the union’s internal procedures are, as previously explained, plainly inadequate.
105 Cong. Rec. 15835 (McConnack); id., at 15689-15690 (O’Hara); id., at 15563 (Foley).
105 Cong. Rec. 10095 (Goldwater).
105 Cong. Rec. 17899 (John F. Kennedy).
105 Cong. Rec. 17899.
105 Cong. Rec. 18152.
105 Cong. Reo. 17899.
Concurring Opinion
concurring.
I am persuaded by the legislative history, summarized in part by the Court, that the proviso to § 101 (a) (4) of the Labor-Management Reporting and Disclosure Act,
Finally, it is appropriate to emphasize that courts and agencies will frustrate an important purpose of the 1959 legislation if they do not, in fact, regularly compel union members “to exhaust reasonable hearing procedures” within the union organization. Responsible union self-government demands, among other prerequisites, a fair opportunity to function.
With these modifications, I concur in the opinion and judgment of the Court.
It should be noted that many union constitutions have elaborate provisions for internal appeals, and that these provisions were often added or modified as a consequence of §101 (a)(4). See Kroner, Title I of the LMRDA: Some Problems of Legal Method and Mythology, 43 N. Y. U. L. Rev. 280, 302, n. 72.
Dissenting Opinion
dissents. He would affirm the judgment, agreeing substantially with the opinion of the Court of Appeals for the Third Circuit. 379 F. 2d 702.
Reference
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- NATIONAL LABOR RELATIONS BOARD v. INDUSTRIAL UNION OF MARINE & SHIPBUILDING WORKERS OF AMERICA, AFL-CIO, Et Al.
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