Labor Board v. General Motors Corp., 373 U.S. 734 (1963)

National Labor Relations Board v. General Motors Corp.


No. 404


Argued April 18, 1963
Decided June 3, 1963
373 U.S. 734

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

Syllabus

An "agency shop" arrangement, which leaves union membership optional with the employees but requires that, as a condition of continued employment, nonunion employees pay to the union sums equal to the initiation fees and periodic dues paid by union members, does not, in itself, constitute an unfair labor practice under § 8(a)(3) of the National Labor Relations Act, and is not prohibited by § 7 or § 8. In a State which does not prohibit such an arrangement, therefore, an employer commits an unfair labor practice, within the meaning of § 8(a)(5), when it unconditionally refuses to bargain with a certified union of its employees over the union’s proposal for the adoption of such an arrangement. Pp. 734-745.

303 F.2d 428 reversed.