LINCOLN UNION v. NORTHWESTERN CO.

No. 47.

335 U.S. 525 (1949)

LINCOLN FEDERAL LABOR UNION ET AL. v. NORTHWESTERN IRON & METAL CO. ET AL.

Supreme Court of United States.

Decided January 3, 1949.


Attorney(s) appearing for the Case

Herbert S. Thatcher argued the cause for appellants in both cases and George Pennell argued the cause for appellants in No. 34. With them on the brief for appellants were J. Albert Woll, James A. Glenn, J.H. Morgan and H.S. McCluskey.

Irving Hill argued the cause and filed a brief for the Northwestern Iron & Metal Co., appellee in No. 47.

Edson Smith argued the cause for the Nebraska Small Business Men's Association, and Robert A. Nelson, Assistant Attorney General of Nebraska, for the State of Nebraska, appellees in No. 47. With them on the brief were Walter R. Johnson, Attorney General of Nebraska, Clarence S. Beck, Deputy Attorney General, and Edward R. Burke.

Ralph Moody, Assistant Attorney General of North Carolina, argued the cause for appellee in No. 34. With him on the brief was Harry McMullan, Attorney General.

Arthur J. Goldberg and Frank Donner filed an amicus curiae memorandum on behalf of the Congress of Industrial Organizations and its affiliated organizations, in support of appellants.

An amicus curiae brief in support of appellees was filed on behalf of the States of Florida, by J. Tom Watson, Attorney General; Michigan, by Eugene F. Black, Attorney General; North Dakota, by P.O. Sathre, Attorney General; Tennessee, by William F. Barry, Solicitor General; Utah, by Grover A. Giles, Attorney General; and Wisconsin, by Grover L. Broadfoot, Attorney General, Stewart G. Honeck, Deputy Attorney General, and Beatrice Lampert, Assistant Attorney General.


MR. JUSTICE BLACK delivered the opinion of the Court.

Under employment practices in the United States, employers have sometimes limited work opportunities to members of unions, sometimes to non-union members, and at other times have employed and kept their workers without regard to whether they were or were not members of a union. Employers are commanded to follow this latter employment practice in the states of North Carolina and Nebraska. A North Carolina statute...

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