Local 350 represents pipefitters and plumbers in northern Nevada and parts of California. Together with industry employers, Local 350 operates a hiring hall. The hiring dispatcher keeps four "out-of-work lists" with different qualifications and priorities from which members are hired. The dispatcher sends members out to jobs in the order in which they signed up. Donald Pilot, a member of Local 350, retired in 1983. After retirement, he paid retired members' dues. In 1984, he decided to return to work and signed onto the out-of-work list. Local 350 removed his name from the list, stating that he was not eligible. In a letter dated April 20, 1984, Local 350 informed Pilot that "as a retiree, having applied for and been granted pension, you are not presently eligible for dispatch through the UA Local 350 Hiring Hall." The EEOC claims that Local 350's policy violates 29 U.S.C. § 623(c)(2) because it discriminates against older workers.
Section 623(c)(2) provides:

It shall be unlawful for a labor organization… (2) to limit, segregate, or classify its membership, or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual's age.
Local 350 defends that its policy is not discriminatory because the "but for" cause of discrimination is not the retiree's age, but his voluntary decision to retire. Decide. [EEOC v. Local 350, Plumbers and Pipefitters, 982 F.2d 1305 (9th Cir.)]