Tom C. Clark

“ It may well be that union featherbedding practices reflect no more than labor's fears of unstable employment and sensitivity to displacement by technological change. But in a full-employment economy Congress may have deemed this form of union security an unjustifiable drain on the national manpower pool. In any event, that judgment was for the legislature. Under our system of separation of powers the Court ought not so blithely mangle the congressional effort. ”

“ The Court thus holds that an 'anti-featherbedding' statute designed to hit wasteful labor practices in fact sanctions additional waste in futile use of labor, lead, machines, proofreading, 'hell-boxing,' etc. Anomalously, the more wasteful the practice the less effectual the statute is. ”

“ That quaint notion befogs the draftsmen's clear intent that § 8 (b) (6) strike at union pay demands 'for services which (the employer) does not want, does not need, and is not even willing to accept.' [5]
Accordingly, we would read the statute's test of 'services' as more than a hollow phrase. ”