RETAIL CLERKS INTERNATIONAL ASSOCIATION, LOCAL 1625, AFL-CIO, ET AL.
v.
SCHERMERHORN ET AL.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued April 18, 1963.
Decided June 3, 1963.
Attorney(s) appearing for the Case
S. G. Lippman argued the cause for petitioners. With him on the briefs were Tim L. Bornstein, Russell Specter and Claude Pepper.
Bernard B. Weksler argued the cause for respondents. With him on the brief was John L. Kilcullen.
J. Albert Woll, Robert C. Mayer, Theodore J. St. Antoine, Thomas E. Harris, Joseph L. Rauh, Jr., John Silard and Harold A. Cranefield filed a brief for the American Federation of Labor and Congress of Industrial Organizations et al., as amici curiae, urging reversal.
Briefs of amici curiae, urging affirmance, were filed by Richard W. Ervin, Attorney General of Florida, Richmond M. Flowers, Attorney General of Alabama, Robert Pickrell, Attorney General of Arizona, Evan L. Hultman, Attorney General of Iowa, William M. Ferguson, Attorney General of Kansas, Joe T. Patterson, Attorney General of Mississippi, Clarence A. H. Meyer, Attorney General of Nebraska, T. Wade Bruton, Attorney General of North Carolina, Daniel R. McLeod, Attorney General of South Carolina, Frank Farrar, Attorney General of South Dakota, George F. McCanless, Attorney General of Tennessee, Waggoner Carr, Attorney General of Texas, and A. Pratt Kesler, Attorney General of Utah, for their respective States; by Robert Y. Button, Attorney General of Virginia, D. Gardiner Tyler, Assistant Attorney General, and Frederick T. Gray, Special Assistant Attorney General, for the Commonwealth of Virginia; and by William B. Barton and Harry J. Lambeth for the Chamber of Commerce of the United States.
Supreme Court of United States.
MR. JUSTICE WHITE delivered the opinion of the Court.
Like Labor Board v. General Motors Corp., ante, p. 734, decided today, this case involves the status of an "agency shop" arrangement. We have concluded that the contract involved here is within the scope of § 14 (b) of the National Labor Relations Act and therefore is congressionally made subject to prohibition by Florida law. We have not determined, however, whether the Florida courts, rather...
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