52
Kennedy, J., concurring
the grace period provision, by contrast, is at most an allegation that the union violated the statute. This claim is quint-essentially an issue for resolution by the NLRB, and the Court of Appeals correctly refused to uphold District Court jurisdiction over it.
Accordingly, the judgment of the United States Court of Appeals for the Ninth Circuit is affirmed.
It is so ordered.
Justice Kennedy, with whom Justice Thomas joins, concurring.
I join the opinion of the Court and offer these further observations.
First, the opinion does not address circumstances in which there is evidence that a security clause such as this one was used or intended to deceive or injure employees. Our sole conclusion is that mere recitation of the statutory language within a security clause does not, without more, violate the duty of fair representation. The Court of Appeals in this case understood that the record, on further development at trial, might support a finding that the union misinformed the petitioner of her membership obligations. The wording of the clause might well have some bearing on that determination. The Court of Appeals' remand for trial on the union's conduct toward the petitioner is not before us. As the issue is not addressed, our opinion is not inconsistent with the Court of Appeals' ruling. There is also a suggestion in the record, see, e. g., App. 34-35, that the security clause in this case may have been used or intended to mislead a potential employer to the petitioner's detriment. If further developed, evidence to this effect would likely be relevant to the claim that remains for trial; our opinion should not be misunderstood to suggest otherwise.
The security clause at issue required, as conditions of employment, "member[ship] in good standing," id., at 28, and payment of "the periodic dues and the initiation fee uni-
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