This Recent Development contends that a union restriction on a member's right to resign constitutes an unfair labor practice under section 8(b)(1)(A). Part II of this Recent Development focuses on judicial and Board treatment of the inherent conflict between an employee's section 7 right to refrain from collective activity and a union's authority to regulate internal affairs.
Part III examines three recent decisions addressing a union's authority to restrict a member's right to resign. Finally, part IV suggests that the Supreme Court should apply the Scofield v. NLRB three-part test to union rules restricting resignation. Part IV also asserts that while the union rules may pass the first part of the Scofield test,they definitely fail the second and third parts of the test.
Laura A. Norman,
Protecting a Union Member's Right to Resign-Resolution of the Conflict Between Dalmo Victor and Rockford-Beloit,
38 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol38/iss1/4