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N.L.R.B. v. LOCAL 54, HOTEL & REST. EMP. INTERN.

No. 89-3170.

887 F.2d 28 (1989)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LOCAL 54, HOTEL EMPLOYEES & RESTAURANT EMPLOYEES INTERNATIONAL UNION, AFL-CIO, Respondent.

United States Court of Appeals, Third Circuit.

Decided October 5, 1989.

Rehearing and Rehearing Denied November 1, 1989.

Attorney(s) appearing for the Case

Carmel P. Ebb (argued), N.L.R.B., Washington, D.C., for petitioner.

Bernard N. Katz (argued), Meranze & Katz, Philadelphia, Pa., for respondent.

Before MANSMANN, NYGAARD and ALDISERT, Circuit Judges.

Rehearing and Rehearing In Banc Denied November 1, 1989.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This is another in a line of recent cases before the National Labor Relations Board presenting the issue of whether union members, who wish to cross a picket line, may do so without fear of union discipline if they first unilaterally change their membership from "full" to "financial core" status. Financial core membership permits an employee to...

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