In Wittstein, it was contended that an increase in union dues enacted at a convention of an international union violated Section 101(a)(3)(B) of the Act, 29 U.S.C. ยง 411.
In Union Starch, the employees had tendered dues and an initiation fee but were denied membership in the union for refusal to file union application forms, attend a union meeting or take the union oath.
In NLRB v. Leece-Neville Co., 330 F.2d 242 (6th Cir.), cert. denied, 379 U.S. 819, 85 S.Ct. 41, 13 L.Ed.2d 31 (1964), a company discharged seven employees at the union's demand in spite of protests by all the employees that they had paid or tendered their dues.
In N.L.R.B. v. Bakery Confectionery Wkrs., 3 Cir., 245 F.2d 211, relied upon by Union, the bylaws fixing dues were couched in terms of allowing a discount from the stated monthly dues figure, if payment was made before the last day of the month in which dues were payable. The Third Circuit viewed this structure as affording the member an option to receive a benefit and the member's failure to take advantage of the discount could in no way be deemed as an assessment of a penalty.