Does the fact that defendant may have voted in union elections or that he acted or was treated as a union member establish membership?
The following excerpt is from Telephone Employees Organization, Local 1100, Communications Workers of America v. Woods, 165 Misc.2d 32, 625 N.Y.S.2d 1015 (N.Y. City Ct. 1995):
Further, the fact that defendant may have voted in union elections or that he acted or was treated as a union member does not establish membership. As the court noted in United Nuclear Corporation v. NLRB, there is a "well-recognized distinction between membership, on the one hand, and, on the other hand, the privilege accorded to nonmembers of exercising certain rights usually associated with membership". Id., at 137. Consequently,
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