The company should prevail in this case. The union was certified as the exclusive representative of the employees, and has the right to “prescribe its own rules with respect to the acquisition or retention of membership”, as they attempted with the letter. However, considering that at the time the contract was not enforced and still being negotiated, the union violated Section 8 (b) (1) (A) by threatening to discipline nonmember employees. Nonmember crossed the picket lines to return to work, exercising their statutory rights protected by Section 7 of the LMRA. The union should not be imposing discipline retroactive for premembership conduct of nonmember employees, as it violates their statuary rights and other protected rights to engage in
