In Milk Drivers, an 8(a)(3) violation was established where it was found that by becoming a "good" union member, see Radio Officers' Union, supra, 347 U.S. at 40, 74 S.Ct. at 335, an individual had the opportunity to become a shop steward and thus obtain super-seniority.
In Great Lakes Carbon Corporation v. NLRB, 360 F.2d 19 (4th Cir. 1966), we decided that a super seniority plan favoring employees who worked during a strike was unlawful on its face and that the action was not barred by the six month limitation of § 10(b).