International Union of Elevator Constructors Local Union No. 8 v. National Labor Relations Board

MIKVA, Circuit Judge:

This case involves a troublesome conjunction of a union constitutional requirement and a clause in the collective bargaining agreement between the union and employer. The union constitution requires members to pay fines before dues; the collective bargaining agreement contains a union security clause requiring the employer to fire any employee who fails to join and maintain membership in the union. The National Labor Relations Act (the “Act”) allows union security clauses, but not as a means to collect fines. The National Labor Relations Board (the “Board”) found that the…