United Stanford Employees, Local 680, Service Employees International Union, Afl-Cio v. National Labor Relations Board

United Stanford Employees, Local 680, Service Employees International Union, AFL-CIO (hereinafter, “Union”), has petitioned this Court for review of the decision of the National Labor Relations Board (hereinafter, “NLRB”) that is reported at 232 NLRB No. 49 . The NLRB has cross-applied for enforcement of the order accompanying that decision.

I. Facts and Procedural Background

The union-security clause of the 1974-76 collective-bargaining agreement between the Union and Leland Stanford Junior University (hereinafter, “Stanford”) basically required that bargaining-unit members, “as a condition of employment”, be full-fledged Union members, rather than non-members of the Union who merely paid dues to the Union. A full-fledged Union member, in contrast to other persons, would be subject to Union-imposed disciplinary measures enforceable in state courts [NLRB v. Hershey Foods Corp., 513 F.2d 1083 , 1085 (9th Cir. 1975)].

A letter from the Union was distributed to new bargaining-unit members, which letter informed them that they “are required to join [the Union] on or before the end of [their] trial period”, which joining would involve, inter alia, filling out a membership…