United States Supreme Court Cases & Opinions

U.S. Supreme Court

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

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. 373 U. S. 734-745.

303 F.2d 428 reversed.