The Wine and Liquor Store Employees Union had a union security clause in its collective bargaining agreement with Oz Liquor Company. The agreement provided that when an employment vacancy occurs, the company must give the union 24 hours to produce a member for the job.
After 24 hours, the company could hire a person "provided such person makes application to, and is accepted by the union." Oz further agreed to employ only "employees in good standing with the union," with the union being the "sole judge of the good standing of its members." The company also agreed todischarge any employee upon receipt of notice that the employee was "no longer a member in good standing in the union." The company refused to discharge certain employees whom the union claimed were not members in good standing.
The union sought arbitration to enforce the terms of the collective bargaining contract. Oz Liquor, however, petitioned the NLRB to rule the union security clause unlawful under Sections 8(b)(1) and (2). How should the Board decide this case?