National Labor Relations Board v. General Motors Corp.

The issue here is whether an employer commits an unfair labor practice, National Labor Relations Act §8 (a)(5), 1 when it refuses to bargain with a certified union over the union’s proposal for the adoption of the “agency shop.” More narrowly, since the employer is not obliged to bargain over a proposal that he commit an unfair labor practice, the question is whether the agency shop is an unfair labor practice under § 8 (a) (3) of the Act or else is exempted from the prohibitions of that section by the proviso thereto. 2 We ha^e concluded that this type of arrangement does not constitute an…