United States Supreme Court Cases & Opinions

U.S. Supreme Court

AFL v. American Sash & Door Co., 335 U.S. 538 (1949)

American Federation of Labor v. American Sash & Door Co.

No. 27

Argued November 8-10, 1948

Decided January 3, 1949

335 U.S. 538

Syllabus

1. The amendment to the Arizona Constitution which provides that no person shall be denied the opportunity to obtain or retain employment because of nonmembership in a labor organization and forbids anyone to enter into an agreement to do so does not deny employers, labor unions or members of labor unions freedom of speech, assembly or petition, or impair the obligation of their contracts, or deprive them of due process of law, contrary to the Constitution of the United States. Lincoln Federal Labor Union v. Northwestern Iron & Metal Co., ante, p. 335 U. S. 525. Pp. 335 U. S. 539-540.

2. Nor does its failure to forbid like discrimination against union members deny them equal protection of the laws contrary to the Fourteenth Amendment -- especially in view of the fact that certain Arizona statutes make it a misdemeanor for any person to coerce a worker to make a contract "not to join or become a member of a labor organization" as a condition of employment in Arizona, and make such contracts void and unenforceable. Labor Board v. Jones & Laughlin Corp., 301 U. S. 1. Pp. 335 U. S. 540-542.

67 Ariz. 20, 189 P.2d 912, affirmed.

In a suit by certain labor unions, an officer of one of them, and an employer for a declaratory judgment and equitable relief against enforcement of the "Right to Work Amendment" to the Arizona Constitution, an Arizona trial court dismissed the complaint on the ground that the amendment did not violate the Constitution of the United States. The Supreme Court of Arizona affirmed. 67 Ariz. 20, 189 P.2d 912. On appeal to this Court, affirmed, p. 335 U. S. 542.

Page 335 U. S. 539