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U.S. Supreme Court

Retail Clerks v. Schermerhorn, 373 U.S. 746 (1963)

Retail Clerks International Association,

Local 1625, AFL-CIO v. Schermerhorn

No. 368

Argued April 18, 1963

Decided June 3, 1963

373 U.S. 746


Petitioner union and an employer in Florida entered into a collective bargaining agreement containing an "agency shop" clause, which left union membership optional with the employees but required that, as a condition of continued employment, nonunion employees pay to the union sums equal to the initiation fees and periodic dues paid by union members. Nonunion employees of the employer sued in a Florida State Court for a declaratory judgment that this provision was "null and void" and unenforceable under the Florida "right to work" law, and for an injunction against petitioner union and the employer to prevent them from requiring nonunion employees to contribute money to the union. The Florida Supreme Court held that Florida law forbids such an "agency shop" arrangement, and that Florida courts could deal with the "agency shop" clause involved here.


1. The "agency shop" clause here involved is within the scope of § 14(b) of the National Labor Relations Act, as amended, and therefore is congressionally made subject to prohibition by Florida law, and its legality is governed by the decision of the Florida Supreme Court under review here. Pp. 373 U. S. 747, 373 U. S. 750-754, 373 U. S. 757.

2. The issue as to whether Florida courts have jurisdiction to enforce the State's prohibition against such an arrangement or whether the National Labor Relations Board has exclusive jurisdiction to afford such a remedy is left undecided, and the case is retained on the calendar for reargument on that issue. Pp. 373 U. S. 747, 373 U. S. 754-757.

Reported below: 141 So. 2d 269. chanroblesvirtualawlibrary

Page 373 U. S. 747

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