SCOFIELD V. NLRB, 394 U. S. 423 (1969)

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U.S. Supreme Court

Scofield v. NLRB, 394 U.S. 423 (1969)

Scofield v. National Labor Relations Board

No. 273

Argued January 14, 1969

Decided April 1, 1969

394 U.S. 423


Petitioners, union members employed by the Wisconsin Motor Corp. on a piecework basis, were each fined and suspended by their union (without endangering their job retention) for violating a union rule relating to production ceilings. The union and employer had bargained over the ceiling level, but the collective bargaining agreement does not foreclose the employer's paying employees for work performed over the ceiling. Petitioners refused to pay the fines, the union brought suit in a state court to collect them, and petitioners then initiated charges before the National Labor Relations Board (NLRB), arguing that union enforcement of the rule through collection of fines was an unfair labor practice. The NLRB found no violation of the National Labor Relations Act (NLRA) and the Court of Appeals upheld its ruling.


1. Petition for certiorari in this case, filed within 90 days of the decree but not of the opinion, where no notice of entry of any judgment at time of the opinion had been given petitioners, was timely. P. 394 U. S. 427.

2. Section 8(b)(1) of the NLRA permits a union to enforce a properly adopted rule which reflects a legitimate union interest, impairs no statutory labor policy, and is reasonably enforced against union members who are free to leave the union and escape the rule, while maintaining job security under the union shop clause by paying dues. NLRB v. Allis-Chalmers Mfg. Co., 388 U. S. 175. Pp. 394 U. S. 428-430.

3. Arguments that the union rule in this case contravened a statutory labor policy were inadequate here. That rule did not demonstrably impede the collective bargaining process, cause a breach of the collective bargaining agreement, establish featherbedding within the meaning of the statute, induce discrimination by the employer against any class of employees, or represent any dereliction by the union of its duty of fair representation, and, in view of the acceptable manner of its enforcement by reasonable

Page 394 U. S. 424

fines to vindicate a proper union concern it does not constitute the restraint or coercion prohibited by § 8(b)(1)(A). Pp. 394 U. S. 430-436.

393 F.2d 49, affirmed.

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