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HIGGINS v. CARDINAL MANUFACTURING CO.

No. 42,055

188 Kan. 11 (1961)

360 P.2d 456

FLOYD M. HIGGINS, OSCAR WADDELL and BEULAH LAMUEL, Appellants, v. CARDINAL MANUFACTURING COMPANY, INC., a Corporation; GENERAL DRIVERS ALLIED AUTOMOTIVE AND PETROLEUM LOCAL UNION No. 498, Affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America; C.B. BUTLER, individually, and as President of said Local No. 498, Appellees, and THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, (Defendant.)

Supreme Court of Kansas.

Opinion filed March 17, 1961.

Attorney(s) appearing for the Case

J.D. Lysaught, of Kansas City, and Leonard F. Banowetz, of Wichita, argued the cause, and J.E. Schroeder, Lee E. Weeks and Leonard O. Thomas, all of Kansas City, and Jay W. Scovel and Robert K. Scovel, both of Independence, were with them on the briefs for the appellants.

Robert Fousek, of Kansas City, Missouri, and James H. Barnes, of Kansas City, argued the cause and were on the briefs for the appellees, Local Union No. 498 and C.B. Butler.

George E. McCullough, W.L. Parker, Jr., Robert B. Wareheim, Philip J. Saia and Buford L. Shankel, of Topeka, for the Kansas State Federation of Labor, AFL-CIO, as amicus curiae.

Joseph Bukaty and James H. Barnes, both of Kansas City, for the Central Labor Council of Kansas City, Kansas, as amicus curiae.

T.M. Lillard and O.B. Eidson, both of Topeka, for the Kansas State Chamber of Commerce, Kansas Livestock Association, Kansas Farm Bureau, Kansas Cooperative Dairy Products Association and Kansas for the Right to Work, as amici curiae.

The opinion of the court was delivered by

SCHROEDER, J.:

The question presented by this appeal is whether an "agency shop" provision in a labor contract is prohibited by the so-called "right to work" law of Kansas. The appellants are nonunion employees covered by the applicable collective bargaining agreement and brought this action to enjoin application of the contract, and to secure a declaratory judgment of the court to determine the validity of...

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