Court of Appeals for the D.C. Circuit February 26, 1999, 98-1252 (International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, (Uaw) v. National Labor Relations Board)

Opinion for the Court filed by Chief Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Chief Judge:

This case presents a narrow question: Does a union commit an unfair labor practice by denying an employee, based solely on the employee’s status as a non-union member, the right to appeal a decision not to pursue the employee’s grievance to the final step of a contractual grievance procedure, where a