Supreme Court of the United States
Railway Employes’ Department, American Federation of Labor v. Hanson
May 21, 1956351 U.S. 225
Summary
The Court reversed the Nebraska Supreme Court, holding that the union‑shop provision of the Railway Labor Act is a valid exercise of Congress’s Commerce Clause power and is not preempted by Nebraska’s “right‑to‑work” constitutional provision, nor does it violate the First or Fifth Amendments. The decision rests on the Supremacy Clause and the permissive nature of the statutory amendment. Justice Frankfurter filed a concurring opinion that emphasized the policy context of the statute.
Holding
- Whether §2, Eleventh of the Railway Labor Act is preempted by Nebraska’s constitutional “right‑to‑work” provision.. The federal statute is not preempted; under the Supremacy Clause it supersedes the state provision and the union‑shop agreement is permissible.
- Whether the union‑shop requirement violates the First Amendment freedom of association.. The requirement does not violate the First Amendment because the statute limits the compelled contribution to dues, initiation fees, and assessments related to collective bargaining.
- Whether the union‑shop requirement violates the Fifth Amendment by compelling financial support beyond collective‑bargaining costs.. The requirement is constitutional; the compelled financial support is limited to costs germane to collective bargaining and therefore does not constitute an unlawful taking.
Docket 451
Cited authorities
- 64 Stat. 1238
- 45 U.S.C. § 152
- 28 U.S.C. § 1257
- 48 Stat. 1186
- 45 U.S.C. § 152
- 61 Stat. 151
- 29 U.S.C. § 164
- 64 Harv. L. Rev. 1049