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| Pattern Makers League of North America v NLRB | |
|---|---|
| Court | US Supreme Court |
| Citation | 473 US 95 (1985) |
| Keywords | |
| Right to organize | |
| Right to organize sources | |
|---|---|
| ILO Freedom of Association Convention 1948 c 87 | |
| National Labor Relations Act of 1935 §158 | |
| Lechmere, Inc. v. NLRB, 502 U.S. 527 (1992) | |
| Hague v. CIO, 307 U.S. 496 (1939) | |
| Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002) | |
| NLRB v. J Weingarten, Inc, 420 U.S. 251 (1975) | |
| Garner v. Teamsters Local 776 346 US 485 (1953) | |
| San Diego Building Unions v. Garmon 359 US 236 | |
| Machinists v. Wisconsin ERC 427 US 132 (1976) | |
| Golden State Transit Corp v. Los Angeles 475 US 608 (1986) | |
| Chamber of Commerce v. Brown 522 US 60 (2008) | |
| Building Trades Council v. ABC Inc. 507 US 218 (1993) | |
| See US labor law and unions |
Pattern Makers League of North America v NLRB, 473 US 95 (1985) is a US labor law case, concerning the right to organize.
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
The Supreme Court, Powell J giving a 5 to 4 opinion, held that fines cannot be enforced against non-union members. The proviso 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.
Blackmun, Brennan, Marshall, Stevens J dissented.
See also
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