When an employer initiates a suit against a union member, does such action constitute “unfair labor practice” defined under Article 35 of the Labor Union Act? Furthermore, will the answer to the foregoing question differ if there is a joinder of suit against several union members as opposed to a suit against an individual union member? These questions involve the conflict and reconciliation of two fundamental rights - the laborers’ right of association and the employers’ right to institute legal proceedings. This article is an analysis of the relevant judgments rendered by the administrative courts in Taiwan and the standards of the U.S. Supreme Court in determining its rulings cited by such judgments. In general, when an employer initiates a suit against a union member, unless such action is filed in abuse of the employer’s rights i.e., presented without concrete facts and reasonable legal grounds, and being maliciously brought only to prevent the laborers from exercising their fundamental rights or participating in union activities, such suit shall constitute a proper exercise of the employer’s right to institute legal proceedings and shall thus be protected.