William J. Brennan, Jr., Felte v. Southern Pacific Company…
“ If the company suspects fraud or forgery in a revocation, it is within its power informally to check the matter with the employee. But we think it has no power, whether pursuant to action taken jointly with the labor organization in the collective bargaining agreement or to unilateral declaration, to treat as nullities revocation notices which are clearly intended as such and about whose authenticity there is no dispute. ”
William J. Brennan, Jr., Felte v. Southern Pacific Company…
“ Additional paper work or correspondence, after he once has indicated his desire to revoke in writing, might well be some deterrent, so Congress might think, to the exercise of free choice by an individual worker. When one considers the problem in its industrial setting and recalls the fact that individual workmen are not as equipped for and inclined to correspondence as are business offices, any complication of the procedure necessary to withdraw or the addition of any extra steps to it may be burdensome. ”
William J. Brennan, Jr., Felte v. Southern Pacific Company…
“ The limitation here pertinent is that, by force of the proviso, the authority to make checkoff arrangements does not include authority to bind individual employees to submit to the checkoff. Any agreement was to be ineffective as to an employee who did not furnish the employer with a written assignment in favor of the labor organization, and any assignment made was to be 'revocable in writing after the expiration of one year * * *.' This failure to authorize agreements binding empolyees to submit to the checkoff was deliberate on the part of Congress. ”
