Felix Frankfurter

“ At a time when the union did not represent a majority of employees, union and employer entered into a collective bargaining agreement, containing a 'union security' clause compelling all employees to become members of the union. Under principles accepted by the Court, this constituted an 'unfair labor practice,' for it tended 'to restrain or coerce employees' in the exercise of their right 'to bargain collectively through representatives of their own choosing.' Union and employer continued to carry out the terms of this illicit agreement. ”

“ Certainly, the illegalities committed within the six-months period in this case, to the same degree as overt acts in pursuance of a conspiracy already formed, represent 'a renewed affirmation of the unlawful purpose,' expressed in an agreement which Congress has outlawed as an unfair labor practice. A conspiracy is kept alive by an overt act within the period of the statute of limitations not by reason of some dogmatic postulate relevant to conspiracies, but as a result of judicial reasoning in applying statutes of limitations. ”

“ Specifically, the union purported to act as an authorized bargaining agent, union dues were collected through a 'check-off' by th employer, and employees were compelled to become members of the union within forty-five days. ”