Legal Opinion · Dissent

International Union of the United Ass'n of Journeymen & Apprentices of the Plumbing & Pipefitting Industry, Local Unions Nos. 141, 229, 681, & 706 v. National Labor Relations Board

Court of Appeals for the D.C. Circuit

Decided April 16, 1982No. 80-2393Published

1DissentMikva, Circuit Judge

The specific question posed by this case is whether employees who are not members of a union can be required to pay their fair share of grievance costs and other collective bargaining expenses incurred by a union on their behalf without thereby becoming “members” of the union, as membership is defined by federal labor law. Congress has never addressed this question, and the Supreme Court has explicitly left it open. The answer given by the majority runs against the grain of federal labor policy and finds no support in the legislative history of the statute from which that answer is said to…

2Cases cited38 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Vaca v. SipesSupreme Court of the United States · 1967
  3. Federal Power Commission v. Hope Natural Gas Co.Supreme Court of the United States · 1944
  4. Hines v. Anchor Motor Freight, Inc.Supreme Court of the United States · 1976
  5. Steele v. Louisville & Nashville RailroadSupreme Court of the United States · 1944

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