Labor unions — Right of member to withdraw — Deduction by employer of union dues — Revocation by employer of authority — Evidence — Proceedings before National Labor Relations Board.
1. A person has the legal right to voluntarily withdraw from a labor union.
2. Where a person voluntarily withdraws from a labor union and gives notice of such action to his employer, he may revoke a prior authorization to the employer, indefinite as to its duration, to deduct the amount of his union dues.
3. Such rule is applicable even though a contract between the employer and the labor union provides that the employer shall deduct union dues from the earnings of employees, without making any provision or exception for the voluntary withdrawal of its employees from the labor union during the term of the contract, especially where the contract with the employee may be terminated by the employer at any time.
4. An opinion and order of the National Labor Relations Board, filed in a matter of the employer and a labor union involved in this case, relating to proceedings brought before that Board, and hearings had thereon over a year after the institution of this action, were held not to have relevance or authority in the determination of this case.
Argued October 29, 1940.
PER CURIAM, January 30, 1941:
The judgment in the court below in favor of the plaintiff is fully sustained by the opinion of Judge CUMMINGS discharging defendant's rule for judgment non obstante veredicto and ordering the prothonotary to enter judgment on the verdict. See Reporter's Statement.
We may add that the opinion and order of the National Labor Relations Board, filed January 5, 1940, in the matter of Stevens Coal Company and Progressive Mine Workers of America, proceedings Nos. R-1536, R-1537, R-1538, before the National Labor Relations Board, admitted in evidence in the court below as Defendant's Exhibit 4, "for such consideration as it is entitled to" — although in the view of the lower court not strictly relevant to the issue being tried — relating, as they do, to a proceeding or proceedings brought before that Board on April 24, 1939, and hearings had thereon over a year after the bringing of this action on July 15, 1938, have no relevance or authority in the determination of this case.
Judgment affirmed.