Felter v. Southern Pacific Co., 359 U.S. 326 (1959)

Felter v. Southern Pacific Co.


No. 269


Argued March 24, 1959
Decided April 27, 1959
359 U.S. 326

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

The Railway Labor Act, as amended, authorizes labor organizations representing employees of carriers to make "checkoff" agreements with the carriers for the deduction from employees’ wages of periodic dues, initiation fees, and assessments, but it provides that

no such agreement shall be effective with respect to any individual employee until he shall have furnished the employer with a written assignment to the labor organization . . . which shall be revocable in writing after the expiration of one year.

The Brotherhood of Railroad Trainmen and a Railroad entered into, and attempted to enforce against an employee of the Railroad, an agreement that there be used, as a necessary form for revoking an assignment, nothing other than a writing executed on a form furnished by the Brotherhood and forwarded by the Brotherhood to the Railroad.

Held: such a requirement may not be enforced against an individual employee, because it would restrict his statutory right to revoke an assignment after one year. Pp. 326-338.

256 F.2d 429 reversed.