Weber, as stressed repeatedly by its majority, is factually inapposite to a compulsory program involuntarily imposed on and by a public agency. Justice Brennan, writing the lead opinion in which Justices Stewart, White, Marshall and Blackmun joined, declared over and over that the Kaiser plan "does not involve state action" and therefore he emphasized "the narrowness" of the inquiry (id., at p. 200 [61 L.Ed.2d p. 487]). Indeed, on almost every page of his opinion, Justice Brennan spoke redundantly of the parties "voluntarily agreeing" (id., p. 200), Congress "did not intend wholly to prohibit private and voluntary" efforts (id., p. 203 [61 L.Ed.2d p. 489]), Congress did not intend to prohibit acts by "the private sector" (id., p. 204), there is no absolute prohibition against "all private, voluntary" action (id., p. 204), there is no "legislative prohibition of all voluntary, private" efforts (id., p. 204 [61 L.Ed.2d p. 490]), legislators "resisted federal regulation of private business" (id., p. 206 [61 L.Ed.2d p. 491]), "Congress did not intend to limit traditional business freedom to such a degree as to prohibit all voluntary" action (id., p. 207), title VII "does not condemn all private, voluntary" plans (id., p. 208 [61 L.Ed.2d p. 492]), title VII permits discretion for plans adopted in "the private sector voluntarily" (id., p. 209).
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