United States Supreme Court Cases & Opinions

U.S. Supreme Court

Machinists Local v. Labor Board, 362 U.S. 411 (1960)

Local Lodge No. 1424, International Association of Machinists,

AFL-CIO, v. National Labor Relations Board

No. 44

Argued January 11, 1960

Decided April 25, 1960

362 U.S. 411

Syllabus

At a time when the union represented less than a majority of the employees, a company and a union entered into a collective bargaining agreement containing a "union security" clause, by which all employees were required, after a 45-day grace period, to become and remain members of the union as a condition of employment. More than six months later, the General Counsel of the National Labor Relations Board filed and served on the company and the union complaints charging that continued enforcement of the agreement (within the preceding six months) was an unfair labor practice in violation of the National Labor Relations Act.

Held: the complaints were barred by the six-month statute of limitations contained in §10(b) of the Act, as amended. Pp. 362 U. S. 411-429.

105 U.S.App.D.C. 102, 264 F.2d 575, reversed.