National Labor Relations Board v. Local 46, Metallic Lathers Union & Reinforcing Iron Workers of New York & Vicinity of the International Ass'n of Structural & Ornamental Iron Workers

I concur in the result reached by Judge Meskill and adopt his analysis so far as it goes, but rely on the additional reasoning set forth below.

Because a labor union is a voluntary organization it may be that, in an ordinary case, as our distinguished dissenting colleague points out, the union may enforce its hiring hall rules “inconsistently or selectively” with the express or implied consent of the members or their elected leaders. Local 46 is not an ordinary case. In Local 46 the rules of the-hiring hall are either prescribed or received as having the force of law, by reason of the Consent…