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Retail Clerks v. Schermerhorn, 375 U.S. 96 (1963)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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
CERTIORARI TO THE SUPREME COURT OF FLORIDA
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. 97-105.
141 So.2d 269, affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Retail Clerks v. Schermerhorn, 375 U.S. 96 (1963) in 375 U.S. 96 375 U.S. 97. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=S9T734DDDK89RVC.
MLA: U.S. Supreme Court. "Syllabus." Retail Clerks v. Schermerhorn, 375 U.S. 96 (1963), in 375 U.S. 96, page 375 U.S. 97. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=S9T734DDDK89RVC.
Harvard: U.S. Supreme Court, 'Syllabus' in Retail Clerks v. Schermerhorn, 375 U.S. 96 (1963). cited in 1963, 375 U.S. 96, pp.375 U.S. 97. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=S9T734DDDK89RVC.
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