United States Tenth Circuit

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.

Appellate Information

• Decided 02/02/2010
• Published 02/02/2010

Judges

• GORSUCH, Circuit Judge., Before GORSUCH, McKAY, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Terrence A. Johnson, Colorado Springs, CO, for Petitioner/Cross-Respondent., Milakshmi V. Rajapakse (Meredith L. Jason, Supervisory Attorney, Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, and Linda Dreeben, Deputy Associate General Counsel, with her on the brief), National Labor Relations Board, Washington, D.C., for Respondent/Cross-Petitioner.