Pattern Makers League of North America v. NLRB
| Pattern Makers v. NLRB | |
|---|---|
 | |
| Argued February 27, 1985 Reargued April 22, 1985 Decided 27 June, 1985 | |
| Full case name | Pattern Makers' League of North America, AFL-CIO v. NLRB |
| Citations | 473 U.S. 95 (more) |
| Holding | |
| The NLRB's policy of affording employees a right to resign without paying union dues is not facially unlawful. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Powell, joined by Burger, Rehnquist, O'Connor, White |
| Concurrence | White |
| Dissent | Blackmun, joined by Brennan, Marshall |
| Dissent | Stevens |
Pattern Makers League of North America v. NLRB, 473 U.S. 95 (1985), was a United States Supreme Court case in which the court held that the NLRB's policy of affording employees a right to resign without paying union dues is not facially unlawful.[1][2] The court deferred to the NLRB's expert judgment rather than come to a firm conclusion. In conjunction with NLRB v. Granite State Joint Board, this case supersedes the reasoning of Allis-Chalmers Corp. v. Lueck.[2][3]
Facts
The Pattern Makers League's constitution said resignations from the union were not permitted during a strike. It fined 10 members for resigning during a strike. The employer claimed to the National Labor Relations Board that the fine was an unfair labor practice under the National Labor Relations Act of 1935 §158(b)(1)(A).
The NLRB held it was an unfair labor practice. The Court of Appeals upheld the NLRB.
Judgment
Justice Powell wrote the majority, a 5 to 4 opinion, holding that fines could not be enforced against non-union members. The provision in §158(b)(1)(A) allowing unions to have rules for 'retention of membership' does not allow rules restricting resignations from union membership during a strike.
Justices Blackmun, Brennan, Marshall, and Stevens dissented.
See also
References
- ^ Pattern Makers v. NLRB, 473 U.S. 95 (1985).
- ^ a b Taylor, Benjamin J.; Witney, Fred (1987). Labor Relations Law. p. 491.
- ^ Foisette, Colette (1986). "Pattern Makers' League of North America, AFL-CIO v. NLRB: Supreme Court Upholds Federal Limitation on Union Power to Compel Strike Activity". UIC Law Review. 19 (3): 789–806.