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Quick v. N.L.R.B., 245 F.3d 231, 166 L.R.R.M. (BNA) 2897, 143 Lab.Cas. P 10,948

Facts

Patrick Quick was employed at Quebecor Printing Inc. and was a member of the Graphic Communications International Union Local No. 735-S. After expressing dissatisfaction with the union, he submitted his resignation, but the union continued to deduct dues from his paycheck. Quick argued that he should not have to pay dues after resigning, leading to a dispute with the union and subsequent legal actions, including a lawsuit filed by the union to collect alleged dues arrearages. The NLRB found that the union had committed an unfair labor practice by continuing to collect dues after Quick's resignation.

The Graphic Communications International Union Local No. 735–S (the “Union”) is the exclusive bargaining representative for all full-time and regular part-time production and maintenance employees at the Quebecor Printing Inc. facility in Hazleton, Pennsylvania (the “Company”).

Issue

Whether a union security clause in a collective bargaining agreement requires an employee to continue paying union dues after resigning from the union, and whether the employee has standing to challenge the NLRB's denial of attorney fees.

We are asked to decide if a “union security clause” in a collective bargaining agreement required an employee in a purported “union shop” to continue paying any union dues after he resigned from the union.

Rule

Under the National Labor Relations Act (NLRA), employees have the right to refrain from union activities, and a union security clause does not obligate an employee to pay dues after resignation unless explicitly stated in the collective bargaining agreement.

Section 8(b)(1)(A) of the NLRA makes it an unfair labor practice for a labor union to “restrain or coerce employees” in the exercise of rights guaranteed under § 7 of the Act, 29 U.S.C. § 157.

Analysis

The court analyzed the language of the collective bargaining agreement and determined that it did not require Quick to continue paying dues after his resignation. The NLRB's interpretation of the union security clause was upheld, as it was found that the clause only required employees to apply for membership and did not impose a continuing obligation to pay dues. The court also concluded that Quick lacked standing to contest the NLRB's decision regarding attorney fees since he did not incur personal expenses in the state court action.

In holding that Quick was not obligated to pay dues pursuant to § 2.2 of the CBA after he resigned from the Union, the NLRB affirmed the ALJ's reasoning as follows: In ascertaining the obligations of employees under [a union security clause], the NLRB looks only to the express language of the agreed on contractual provision.

Conclusion

The court dismissed Quick's petition for review and granted the NLRB's cross-petition for enforcement, affirming that Quick was not required to pay dues after resigning from the union.

The NLRB ordered the Union to cease and desist the unlawful conduct, and from similarly restraining or coercing employees in the exercise of their statutory rights.

Who won?

The National Labor Relations Board (NLRB) prevailed in the case because the court upheld its finding that the union committed an unfair labor practice by continuing to collect dues after Quick's resignation.

Petition dismissed; cross-petition granted.

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