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Constitutional Law Keyed to Choper
Lincoln Federal Labor Union v. Northwestern Iron & Metal Co.
Citation:
335 U.S. 525 (1949)Facts
North Carolina enacted a statute and Nebraska adopted a constitutional amendment prohibiting employers from denying employment to any person because of membership or non-membership in a labor organization. These laws also prohibited contracts obligating employers to exclude persons from employment based on their union status. Labor unions challenged these laws, arguing they violated constitutional rights to freedom of speech, assembly, and petition; impaired existing contract obligations; denied equal protection; and deprived unions and their members of liberty without due process of law. The unions contended that the right to refuse to work with non-union members was essential to union self-organization and that closed shops were necessary to achieve sufficient union membership for effective collective bargaining.
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