''Pattern Makers League of North America v. NLRB'', , was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
case in which the court held that the NLRB's policy of affording employees a right to resign without paying union dues is not facially unlawful.
[.] The court deferred to the NLRB's expert judgment rather than come to a firm conclusion. In conjunction with ''
NLRB v. Granite State Joint Board'', this case supersedes the reasoning of ''
Allis-Chalmers Corp. v. Lueck''.
Facts
The
Pattern Makers League's constitution said resignations from the union were not permitted during a strike. It fined 10 members for resigning during a strike. The employer claimed to the
National Labor Relations Board that the fine was an unfair labor practice under the
National Labor Relations Act of 1935 §158(b)(1)(A).
The NLRB held it was an unfair labor practice. The Court of Appeals upheld the NLRB.
Judgment
Justice Powell wrote the majority, a 5 to 4 opinion, holding that fines could not be enforced against non-union members. The provision in §158(b)(1)(A) allowing unions to have rules for 'retention of membership' does not allow rules restricting resignations from union membership during a strike.
Justices Blackmun, Brennan, Marshall, and Stevens dissented.
See also
*
US labor law
References
1985 in United States case law
United States trade union case law
United States Supreme Court cases
United States Supreme Court cases of the Burger Court
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