Labor: Closing the Loophole

When the Retail Clerks Union signed a contract with the Food Fair supermarkets in Florida in 1960, four nonunion workers protested because it included an "agency shop" clause requiring them to pay "service fees" equal to union dues. The dissenters said that this violated the right-to-work law that Florida enacted in 1944. The U.S. Supreme Court last June upheld their argument but left a question open: Is it up to the state courts or to the National Labor Relations Board to interpret and enforce right-to-work laws?

In a unanimous 8-0 decision (former Secretary of Labor Arthur Goldberg did not take...

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