TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

-teria),
Unfair Labor Practices 125
of the Supreme Court's Radw Officers decision,21 the Board was of
the opinion that since the withdrawal cards could be issued only to
members in good standing, i e, employees who had paid fines and
assessments as well as periodic dues and initiation fees, the foreseeable
consequence of the seniority provision was encouragement of union
membership
(2) Illegal Union-Security Agreements and Practices
The act's limitations on the right of labor organizations and employe/
s to make and enforce agreements conditioning employment on
union membership are—as stated earlier in this report 22—contamed
in the so-called union-security proviso to section 8(a) (3), as supplemented
by section 8(f) relating to the buildmg and construction
industry
Union-security agreements which fail to conform to any one of
the statutory requirements have been held to subrct the affected employees
to unlawful discrimination A union whicji seeks to compel
an employer to enter into such an agreement, 23 or executes or maintains
such an agreement, thereby violates section 8(b) (2) which prohibits
unions from attempting to cause, as well as causing, unlawful
discrimination 24 Cases where violations of this type were found dui -
ing fiscal 1961 involved maintenance of union-security agreements
which were unlawful because the contracting union did not have
marrity status among the employee,25 or, having received unlawful
employer assistance, was not their bona fide representative, 26 as well
as agreements which exceeded the statutory limitations."
Section 8(b) (2) violations were also found where the respondent
union enforced valid union-security clauses in a manner not permitted
by the act Thus, the Board held in one case 28 that a union violated
the act by demanding the discharge of an employee under the terms
of its union-security contract, even though the union had accepted the
employee's tender of delinquent initiation fees and dues and had
notified him of his reinstatement
Another union's request to the employei to discharge an employee
for alleged dues delinquency was held to be violative of the act since
o 347 U S 17 (1054)
See p 99, above
23 Bee Local Joint Executive Board of Hotel 4 Restaurant Employees etc (Groton Cafe
130 NLRB 1551, discussed above, pp 117 and 123
24 industrial Rayon Corp • 130 NLRB 427
el Checker Taxi Go, Inc , 131 NLRB No 90
23 American Advertising Distributors, 129 NLRB 640
Checker Taxi Co, above See also p 100 above
22 F J Burns Droving, lac, 129 NLRB 252 See also International Union of Electrical,
Radio 4 Hoc/sine Workers Frigidaire Local 801 (General Motors Corp ) 129 NLRB 1379