Author Question: State the union membership requirement under Section 8(a)(3) of the NLRA as interpreted by the ... (Read 81 times)

CQXA · **on:** Jun 24, 2018

State the union membership requirement under Section 8(a)(3) of the NLRA as interpreted by the Supreme Court's Beck decision.

Question 2

What was the holding of the case?

Dominic · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

Although the NLRA Section 8(a)(3) permits union security clauses, the Supreme Court held in Beck that the union membership requirement is limited to requiring those who choose not to join the union to pay agency fees for their share of the union's costs in providing representational services to the bargaining unit.

Answer to Question 2

The Supreme Court held that since the company came forward with no evidence of legitimate motives for the discriminatory conduct, the company did not meet its burden of proof. As a result, the Court stated that it was not necessary to decide the degree to which the challenged conduct might have affected employee rights. The Court did not have to consider whether the conduct was inherently destructive or comparatively slight..