''Pattern Makers League of North America v NLRB'', 473 US 95 (1985) is a

US labor law United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "org ...

case, concerning the

right to organize Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membe ...

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 The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the Natio ...

that the fine was an unfair labor practice under the

National Labor Relations Act of 1935 The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and ...

§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.

Notes

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References

* United States trade union case law

Facts

Judgment

See also

Notes

References