after the January window period has passed is compelled to wait vintage hairdresser children poster until the following January to register a Beck objection.63 The General Counsel accordingly asserts that the window period
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but a conscious effort to withhold such information from nonmembers.” The General Counsel also would have us infer that because only 900 nonmember employees filed objections during January 1990, vintage hairdresser children poster out of an estimated 12,000 nonmember employees, a substantial number of nonmember employees are unaware of their rights. On careful consideration, we agree with the judge that the January window period, as applied solely to individuals who resign their union membership after the expiration of the window period, effectively operates as an arbitrary restriction on the right to be free to resign from union membership. … A unit employee may exercise Beck rights only when he or she is not a member of the union. An employee who resigns union membership outside the window period is thereafter effectively compelled to continue to pay full
dues even though no longer a union member, and the window period in this circumstance operates as an arbitrary restriction on the right to refrain from union membership and from supporting nonrepresentational expenditures. In light of our duty to uphold the fundamental labor policy of “voluntary unionism” emphasized by the Court in Pattern Makers, supra, we agree with the judge that the January window period, as applied solely to employees who resign their union membership after the expiration of the window period, constitutes arbitrary conduct violative of the IAM’s duty of fair representation. The General Counsel rather makes the limited allegation that the window period is violative of Section 8 of the Act solely as applied to employees who resign their membership following the expiration of the January window period. The General Counsel reasons that a union member who resigns
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