John Marshall Harlan II

“ The Gonzales decision, it is evident, turned on the Court's conclusion that the lawsuit was focused on purely internal union matters, i.e., on relations between the individual plaintiff and the union not having to do directly with matters of employment, and that the principal relief sought was restoration of union membership rights. In this posture, collateral relief in the form of consequential damages for loss of employment was not to be denied. ”

“ The Court then went on to hold that, in the presence of admitted state jurisdiction to order restoration of membership, the State was not without power 'to fill out this remedy' by an award of consequential damages, even though these damages might be for conduct that constituted an unfair labor practice under federal law. The Taft-Hartley Act, the Court stated, did not require mutilation of 'the comprehensive relief of equity.' 356 U.S., at 621, 78 S.Ct. ”

“ See, e.g., Radio Officers' Union, etc. v. National Labor Relations Board, 347 U.S. 17, 74 S.Ct. 323, 98 L.Ed. 455; Local 568, Hotel Employees, 141 N.L.R.B. No. 29; International Union of Operating Engineers, Local 524 A-B, 141 N.L.R.B. No. 57. As established in the Radio Officers case, the 'membership' referred to in § 8 (a) (3) and thus incorporated in § 8 (b) (2) is broad enough to embrace participation in union activities and maintenance of good standing as well as mere adhesion to a labor organization. ”