International Brotherhood of Electrical Workers, Local Union No. 323, Afl-Cio v. National Labor Relations Board

Justice White, with whom Justice Brennan and Justice Blackmun join,

dissenting.

After determining that one of its members was working in a supervisory capacity for a nonunion employer, Local No. 323 of the International Brotherhood of Electrical Workers (IBEW) charged the employee with violating the IBEW constitution. That document provides that a member may be penalized for “[wjorking in the interest of any organization or cause which is detrimental to, or opposed to, the I. B. E. W.” The employee was fined and ultimately expelled from the union.

The National Labor Relations Board charged the…