opinion: NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DISTRICT LODGE NO. 99 and Lodge No. 2139, both Affiliated with International Association of Machinists and Aerospace Workers, AFL-CIO, Respondent.
  No. 73-1192.
  United States Court of Appeals, First Circuit.
  Heard Dec. 4, 1973.
  Decided Jan. 3, 1974.
  William R. Stewart, Atty. with whom Peter G. Nash, Gen. Coun., John S. Irving, Deputy Gen. Coun., Patrick Hardin, Associate Gen. Coun., Elliott Moore, Deputy Associate Gen. Coun., and John D. Burgoyne, Atty., Washington, D. C., were on brief, for petitioner.
  Bernard Dunau, Washington, D. C., with whom Plato E. Papps, Louis P. Poulton, Washington, D. C., and Edward C. Dalton, Jr., Falmouth, Me., were on brief, for respondent.
  Before COFFIN, Chief Judge, ALD-RICH and McENTEE, Circuit Judges.
  COFFIN, Chief Judge.
  In this action, brought pursuant to § 10(e) of the National Labor Relations Act, 29 U.S.C. § 141 et seq. (the Act), the National Labor Relations Board seeks enforcement of its order issued January 11, 1972, 194 N.L.R.B. 938, against District Lodge No. 2139 (the union), affiliated with the International Association of Machinists and Aerospace Workers, AFL-CIO (IAM), requiring the union to cease and desist from coercing employees in the exercise of their § 7 rights, and to take certain affirmative steps to eliminate specific unfair labor practices.
  When the plant-wide contract between the union and the employer expired on October, 26, 1969, the union called a strike .in support of its demands for a new contract. During the strike, five members of the union notified the union that they were resigning, and thereupon crossed the picket line and returned to work. Several weeks later, the union’s disciplinary committee found these five employees guilty of violating a provision in the IAM’s constitution, prohibiting members from accepting employment in an establishment against which a lawful strike was in progress, and, inter alia, “suspended” them “from any and all Union activities for a period of five (5) years.” The Board accepted the conclusion of the Administrative Law Judge that the union violated § 8(b)(1)(A) of the Act “by barring employees from membership in the Local for a period of five years.” Thus, the question before us is: may a union bar membership to employees who have engaged in strikebreaking after having resigned from the union?
  Preliminarily, we note that, although the issue was not addressed by the Administrative Law Judge or by the Board in its original disposition, in its brief the Board distinguished between the “suspension” of a member from union activities, as in the present case, and the “expulsion” of a member from the union. The former act, according to the Board, implies that the union still has power over the wayward member, and is therefore an unfair labor practice. The act of expulsion, however, merely ratifies the former member’s severing of his relationship with the union and, according to the Board, would be permissible under the Board’s recent decision in Pattern Makers Association (Lietzau Pattern Company), 199 N.L.R.B. 14 (1972). Yet because the Board made no such distinction in its disposition of the present case, finding simply that the union had barred the employees from membership, it would seem that Lietzau Pattern Company would control. We need not rely exclusively upon Lietzau, however, because we think that the policy of allowing a union to control access to its membership is central to the relationship between the union and all employees.
  Several recent Supreme Court decisions have exposed the delicate relationship existing between § 7 of the Act, protecting the right of employees to “refrain from” concerted activities, and the proviso of § 8(b)(1)(A), preserving the right of a union “to prescribe its own rules with respect to the acquisition or retention of membership therein.” In N.L.R.B. v. Allis-Chalmers Manufacturing Company, 388 U.S. 175, 87 S.Ct. 2001, 18 L.Ed.2d 1123 (1967), the Court held that the union did not commit an unfair labor practice in fining its members who violated a union rule by working during an authorized strike, and seeking court enforcement of the fine. Yet in N.L.R.B. v. Granite State Joint Board, 409 U.S. 213, 93 S.Ct. 385, 34 L. Ed.2d 422 (1972) and Booster Lodge No. 405, I.A.M. v. N.L.R.B., 412 U.S. 84, 93 S.Ct. 1961, 36 L.Ed.2d 764 (1973), the Court held that the union committed an unfair labor practice in seeking court enforcement of a fine against an employee who lawfully resigned from the union before crossing the picket line. It would seem, therefore, that as to judicial enforcement of a union penalty, the Court has adhered to a contract approach, viewing the act of resignation as a termination of the relationship between the union and the employee and an end to the union’s court enforced power over the employee. “[W]hen there is a lawful dissolution of a union-member relation, the union has no more control over the former member than it has over the man in the street.” N.L.R.B. v. Granite State, supra, 409 U.S. at 217, 93 S.Ct. at 387.
  In the present case, however, the union sought to penalize its former members, not by way of a court enforced penalty, but, rather, by debarment from the union itself. We hold that this was not an unfair labor practice. Clearly, the proviso of § 8(b)(1)(A) extends union control even over “the man in the street” to the extent that it preserves the union’s right to prescribe rules for acquiring membership. N.L.R.B. v. Allis-Chalmers, supra, 388 U.S. at 198, 87 S.Ct. 2001 (White, J., concurring); Stone v. Local 29, Int’l Brotherhood of Boilermakers, 262 F.Supp. 961, 963 (D. Mass.1967). There are, of course, certain limits to a union’s power to grant or withhold membership: a union cannot, for example, discriminate in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e)-2(c) (1). Yet rarely have courts interfered in the internal membership policies of unions. At most, courts have simply refrained from enforcing union rules, or have prohibited employers from enforcing those rules, still allowing the union to enforce its rules under threat of expulsion from membership. It has been held that a union may expel a member for filing a decertification petition, Price v. N.L.R. B., 373 F.2d 443 (9th Cir. 1967), cert. denied 392 U.S. 904, 88 S.Ct. 2051, 20 L.Ed.2d 1363, although the union may not seek a court enforced fine against the same employee. And, in Local 1255, Int’l Association of Machinists and Aerospace Workers v. N.L.R.B., the Fifth Circuit held that a union may condition readmission to membership upon the payment of a disciplinary fine for post-resignation strikebreaking, 456 F.2d 1214, 1217 (5th Cir. 1972).
  Thus, while § 7 may protect an employee from union control enforced by the courts or employers, the proviso of § 8(b) (1) (A) preserves a union’s most basic power: that of granting or withholding membership. And it is this power which extends over employees, such as those in the present case, who have resigned from membership. Since; however, variations and subtleties may occur in this area, as for example, if the attempted resignation did not, or could not, comply with the union rules, we make it clear that we are deciding nothing but the bare question posed in the second paragraph of this opinion, without overtones.
  That part of the Board’s order prohibiting debarment of the strikebreaker-re-signers from membership for a period of five years, and requiring notice to that effect, will not be enforced.
  Subsequent to the Supreme Court’s decision in Booster Lodge, infra, the union informed the Board that it would comply with that part of the Order which was addressed to the imposition of court-collectible fines against employees for engaging in post-resignation strikebreaking. The union also decided to dismiss its suit against certain other employees for preresignation strikebreaking, and against members who engaged in strikebreaking without having resigned.
instruction: What follows is an opinion from a United States Court of Appeals.
  Intervenors who participated as parties at the courts of appeals should be counted as either appellants or respondents when it can be determined whose position they supported. For example, if there were two plaintiffs who lost in district court, appealed, and were joined by four intervenors who also asked the court of appeals to reverse the district court, the number of appellants should be coded as six.
  In some cases there is some confusion over who should be listed as the appellant and who as the respondent. This confusion is primarily the result of the presence of multiple docket numbers consolidated into a single appeal that is disposed of by a single opinion. Most frequently, this occurs when there are cross appeals and/or when one litigant sued (or was sued by) multiple litigants that were originally filed in district court as separate actions. The coding rule followed in such cases should be to go strictly by the designation provided in the title of the case. The first person listed in the title as the appellant should be coded as the appellant even if they subsequently appeared in a second docket number as the respondent and regardless of who was characterized as the appellant in the opinion.
  To clarify the coding conventions, consider the following hypothetical case in which the US Justice Department sues a labor union to strike down a racially discriminatory seniority system and the corporation (siding with the position of its union) simultaneously sues the government to get an injunction to block enforcement of the relevant civil rights law. From a district court decision that consolidated the two suits and declared the seniority system illegal but refused to impose financial penalties on the union, the corporation appeals and the government and union file cross appeals from the decision in the suit brought by the government. Assume the case was listed in the Federal Reporter as follows:
  United States of America,
  Plaintiff, Appellant
  v
  International Brotherhood of Widget Workers,AFL-CIO
  Defendant, Appellee.
  International Brotherhood of Widget Workers,AFL-CIO
  Defendants, Cross-appellants
  v
  United States of America.
  Widgets, Inc. & Susan Kuersten Sheehan, President & Chairman
  of the Board
  Plaintiff, Appellants,
  v
  United States of America,
  Defendant, Appellee.
  This case should be coded as follows:Appellant = United States, Respondents = International Brotherhood of Widget Workers Widgets, Inc., Total number of appellants = 1, Number of appellants that fall into the category "the federal government, its agencies, and officials" = 1, Total number of respondents = 3, Number of respondents that fall into the category "private business and its executives" = 2, Number of respondents that fall into the category "groups and associations" = 1.
  Your task is to identify the state of the first listed state or local government agency that is an appellant.
choices: not Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachussets Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New New New New North North Ohio Oklahoma Oregon Pennsylvania Rhode South South Tennessee Texas Utah Vermont Virginia Washington West Wisconsin Wyoming Virgin Puerto District Guam not Panama