Scofield v. National Labor Relations Board/Dissent Black

Mr. Justice BLACK, dissenting.

Because the union members collected from their employer extra pay for piecework production in excess of that agreed upon by the union and the company, the union has tried the members, fined them, and suspended them from the union for one year. Section 8(b)(1) of the National Labor Relations Act makes it an unfair labor practice for a union to 'restrain or coerce' employees in the exercise of their right under § 7 to refrain from any or all concerted activities. In this case the National Labor Relations Board held that the union did not commit an unfair labor practice in coercing employees through fines and suspensions into refusing to engage in this concerted activity. I dissent from affirming this order of the Board for the reasons set out at length in my dissenting opinion in NLRB v. Allis-Chalmers Mfg. Co., 388 U.S. 175, 1 9, 87 S.Ct. 2001, 2016, 18 L.Ed.2d 1123 (1967).