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WEGSCHEID v. LOCAL UNION 2911, INTERN. UNION

No. 95-3385.

117 F.3d 986 (1997)

Michelle M. WEGSCHEID, et al., Plaintiffs-Appellants, v. LOCAL UNION 2911, INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 26, 1997.

Attorney(s) appearing for the Case

William T. Hopkins, Eric H.J. Stahlhut, Gallucci, Hopkins & Theisen, Fort Wayne, IN, John C. Scully (argued), National Right To Work Legal Defense Foundation, Springfield, VA, for Plaintiffs-Appellants.

Barry A. Macey, Macey, Macey & Swanson, Indianapolis, IN, Michael Nicholson (argued), International Union, UAW, Detroit, MI, for Defendants-Appellees International Union, United Auto, Aerospace and Agricultural Implement Workers of America, Local 2911.

Michael A. Warner, Jr., David P. Radelet, Franczek, Sullivan, Mann, Crement, Hein & Relias, Chicago, IL, for Defendant-Appellee Navistar International Transportation Corporation.

Before POSNER, Chief Judge, and CUMMINGS and FLAUM, Circuit Judges.

POSNER, Chief Judge.

Section 8(a)(3) of the National Labor Relations Act, 29 U.S.C. § 158(a)(3), forbids an employer to discriminate in terms and conditions of employment in order to encourage or discourage union membership. But the employer may agree in a collective bargaining agreement to make it a condition of continued employment that all the employees in the bargaining unit join the union (that is, may include in the agreement a "union shop" clause), provided...

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