United States Supreme Court Cases & Opinions

U.S. Supreme Court

Retail Clerks v. Schermerhorn, 375 U.S. 96 (1963)

Retail Clerks International Association,

Local 1625, AFL-CIO v. Schermerhorn

No. 13

Argued April 18,1963

Decided in part and set for reargument on one issue June 3, 1963

Reargued October 16-17, 1963

Decided December 2, 1963

375 U.S. 96

Syllabus

Petitioner union and an employer in Florida entered into a collective bargaining agreement containing an "agency shop" clause, which left union membership optional with the employees, but required that, as a condition of continued employment, nonunion employees pay to the union sums equal to the initiation fees and periodic dues paid by union members. Nonunion employees of the employer sued in a Florida State Court for a declaratory judgment that this provision was "null and void" and unenforceable under the Florida "right to work," law and for an injunction against petitioner union and the employer to prevent them from requiring nonunion employees to contribute money to the union.

Held: the Florida courts, rather than solely the National Labor Relations Board, are tribunals with jurisdiction to enforce the State's prohibition against an "agency shop" clause in an executed collective bargaining agreement. San Diego Council v. Garmon, 359 U. S. 236, distinguished. Pp. 375 U. S. 97-105.

141 So.2d 269, affirmed.

Page 375 U. S. 97