Robert H. Jackson

“ The economic advantages or abuses that result from 'featherbedding' admittedly are not our concern. But, I cannot escape the conclusion that the facts of this case bring it within the statute which makes it an 'unfair labor practice' for a labor organization or its agents 'to cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value in the nature of an exaction, for services which are not performed or not to be performed. ”

“ The two cases may exemplify the same economic benefits and detriments from made work, but superfluous effort which long and voluntary usage recognized as a fair adjustment of service conditions between employer and employee in the printing industry is 'exacted' for the first time in the entertainment field in order to evade the law. ”

“ That the payments involved in this case constitute a union 'exaction' within the statute would seem hard to deny, whatever may be thought of the printers' case. As the Court says, the American Federation of Musicians has established a 'nationwide control of professional talent.' No artist or organization can perform without its approval. The respondent is in the entertainment business but can get no talent to exhibit unless it makes these payments. The 'service' tendered for the payments is not wanted or useful. ”