Nlrb v. Savair Mfg. Co., 414 U.S. 270 (1973)

National Labor Relations Board v. Savair Manufacturing Co.


No. 72-1231


Argued November 12, 1973
Decided December 17, 1973
414 U.S. 270

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

Syllabus

A labor union’s offer to waive initiation fees for all employees who sign union authorization cards before a certification election under the National Labor Relations Act interferes with the employees’ right to refrain from union activities guaranteed by § 7 of the Act, does not comport with the principle of "fair and free choice of bargaining representatives by employees" that is inherent in § 9(c)(1)(A), NLRB v. Tower Co., 329 U.S. 324, and is ground for denying enforcement of an order against the employer to bargain with the union after it wins the election. Pp. 275-281.

470 F.2d 305, affirmed.

DOUGLAS, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, MARSHALL, POWELL, and REHNQUIST, JJ., joined. WHITE, J., filed a dissenting opinion, in which BRENNAN and BLACKMUN, JJ., joined, post, p. 281.