Spica v. International Ladies Garment Workers' Union

Concurring and Dissenting Opinion by

Mr. Justice Roberts:

I concur'in the majority’s action in sustaining the dismissal of the complaint on the'ground that appellant failed to exhaust her • internal union remedial processes.

I dissent, however, from the majority’s alternative* holding that the instant suit is preempted by the National Labor Relations Act.

In my view, the. preemption issue in the instant case is governed by International Association of Machinists v. Gonzales, 356 U.S. 617, 78 S. Ct. 923 (1958); In that case, a union member claimed that he had béenexpelled from membership in the…