There is a distinction there, and that's what Justice Rand said. We're not going to require anybody to join the union if they don't wish to, but if they participate in the workplace and they receive the benefits of that negotiation, they share the obligation of the cost. That was all. It's not about union membership; it's about who pays union dues.
Then Mr. Lavigne took that to the Supreme Court a second time, and they ruled in the union's favour again.