SCHERMERHORN v. LOCAL 1625 OF RETAIL CLERKS INT. ASS'N

No. 31465.

141 So.2d 269 (1962)

Alberta SCHERMERHORN, Lois Devita, Joyce E. Thuro, and Larry Stark, Appellants, v. LOCAL 1625 OF the RETAIL CLERKS INTERNATIONAL ASSOCIATION, AFL-CIO; William Travis, President of Local 1625 of the Retail Clerks International Association, AFL-CIO; and Food Fair Stores, Inc., Southern Division, a Pennsylvania corporation, authorized to do business in Florida, Appellees.

Supreme Court of Florida.

April 25, 1962.


Attorney(s) appearing for the Case

Bernard B. Weksler, Miami, for appellants.

Claude Pepper Law Offices, Miami, S.G. Lippman, Washington, D.C., Tim L. Born stein, Washington, D.C., and Kaplan, Ser & Abrams, Miami, for Local 1625 of Retail Clerks International Ass'n, AFL-CIO, et al.

Aronovitz, Aronovitz & Haverfield and Robert M. Haverfield, Miami, for Food Fair Stores, Inc., Southern Division.

Bolles & Prunty, Miami, for John Hancock Mut. Life Ins. Co.

Allen Clements, Miami, J. Albert Woll, Washington, D.C., and Theodore J. St. Antoine, Washington, D.C., for American Federation of Labor and Congress of Industrial Organizations and Florida State Federated Labor Council.

John L. Kilcullen, Washington, D.C., and T. David Burns, Tallahassee, for Florida Right to Work Committee, amicus curiae.


HOBSON, Justice.

The appellants, plaintiffs in the action below, sought by an action in equity to enjoin the appellee labor union and Food Fair Stores from enforcing the provisions of an "Agency Shop" clause contained in a collective bargaining contract between the union and Food Fair. The contract provision under attack provides that employees who are not union members "shall be required to pay as a condition of employment, an initiation service fee and monthly service...

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