lincoln union northwestern argued decided january appeals courts nebraska north carolina lincoln union northwestern herbert thatcher washington appellants lincoln federal labor union et al george pennell asheville appellants whitaker others irving hill beverly hills appellee northwestern iron metal edson smith omaha appellee nebraska small business men assn robert nelson lincoln appellee state nebraska ralph moody raleigh appellee state north carolina justice black delivered opinion employment practices employers sometimes limited work opportunities members unions sometimes members times employed kept workers without regard whether members union employers commanded follow latter employment practice north carolina nebraska north carolina statute nebraska constitutional provide person shall denied opportunity obtain retain employment member labor organization enforce policy north carolina nebraska employers also forbidden enter contracts agreements obligating exclude persons employment labor union members state laws given timely challenge north carolina nebraska courts ground insofar attempt protect union members discrimination laws violation rights guaranteed employers unions members constitution state laws challenged violations right freedom speech assembly petition guaranteed unions members first amendment protected invasion state fourteenth amendment contended state laws impaired obligations existing contracts violation art constitution deprived appellant unions employers equal protection due process law guaranteed state invasion fourteenth amendment contentions rejected stat cases appeal judicial code substantial identity questions raised two cases prompted us set argument together reason consider cases single opinion first contended state laws abridge freedom speech opportunities unions members assemble petition government refress grievances state policy adopted laws employers must considerations equal give equal opportunities remunerative work union members without discrimination either order achieve objective equal opportunity two groups employers forbidden make contracts obligate hire keep none union members nothing language laws indicates purpose prohibit speech assembly petition precisely state laws forbid employers acting alone concert labor organizations deliberately restrict employment none union members difficult see enforcement state policy infringe freedom speech anyone deny anyone right assemble petition redress grievances appellants contend laws expressly forbid full exercise rights unions union members contention state laws indirectly infringe constitutional rights speech assembly petition basis contention entirely clear seems rest line reasoning right unions union members demand members work along union members right self organization association workers unions without right union members refuse work members means eliminating competition worker since reasoning continues shop indispensable achievement sufficient union membership put unions employers full equality collective bargaining closed shop consequently indispensable concomitant right employees assemble associate together labor organizations justification expansive construction right speak assemble petition rested part appellants assertion right work way equivalent parallel right work union member exists constitutional right work one hand right maintain employment free discrimination union membership constitutionally protected cf wallace corporation national labor relations board deem unnecessary elaborate numerous reasons rejection contention appellants need appraise analyze particularity rather startling ideas suggested support premises appellants conclusions rest wrung constitutional right workers assemble discuss improvement working standards constitutional right drive remunerative employment persons participate union assemblies constitutional right workers assemble discuss formulate plans furthering self interest jobs construed constitutional guarantee none shall get hold jobs except join assembly agree abide assembly plans conduct affects interests individuals general public legality conduct must measured whether conduct donforms valid law even though conduct engaged pursuant plans assembly second suggestion though elaborated briefs state laws conflict art constitution insofar impair obligation contracts made prior enactment contention without merit clearly established require discussion see home bldg loan blaisdell cases cited also veix sixth ward building loan east new york savings bank hahn third contended north carolina nebraska laws deny unions members equal protection laws thus offend equal protection clause fourteenth amendment outlawed contracts useful incentive growth union membership said laws weaken bargaining power unions correspondingly strengthen power employers may true matters considered state laws also make impossible employer make contracts company unions obligate employer refuse jobs union members respect state laws protect employment opportunities members independent unions see wallace corporation national labor relations board supra circumstance alone without regard others need mentioned sufficient support state laws charge deny equal protection unions employers union workers also argued state laws provide protection union members equal provided members identical language state laws forbid employers discriminate union members nebraska north carolina thus command equal employment opportunities groups workers precisely state laws command equal opportunities groups appellants argue constitutionally protected rights assembly due process violated constitutional protect ons surrounding rights relied appellants support contention federal constitution guarantees greater employment rights union members members claim appellants refutation contention nebraska north carolina laws fail afford protection union members equal protection afforded workers fourth contended state laws deprive appellants liberty without due process law violation fourteenth amendment appellants argue laws specifically designed deprive persons within two refuse hire retain person employment union member make contract agreement engage employment discrimination union members much appellants argument seeks establish due process law denied employees union men part state laws forbids make contracts employer obligating refuse hire retain nonunion workers part laws provide method aid enforcement heart laws namely command employers must discriminate either union nonunion members constitutional power ban discrimination law also power ban contracts performed bring prohibited discrimination chicago mcguire many cases cited appellants said instances due process clause protects liberty persons make contracts none cases even according broadest constitutional protection making contracts ever went far indicate due process clause bars state prohibiting contracts engage duct banned valid state law provisions state laws employer discrimination valid follows contract prohibition also valid bayside fish flour gentry see sage hampe therefore turn decisive question due process contention due process clause forbid state pass laws clearly designed safeguard opportunity members get hold jobs free discrimination workers period labor union members wanted get hold jobs victims widespread employer discrimination practices contracts employers employees used employers accomplish antiunion employment discrimination hiring workers employers required sign agreements stating workers become labor union members practices obnoxious workers gave required agreements name dog contracts hostility workers also prompted passage state federal laws ban employer discrimination union members outlaw yellow dog contracts adair considered federal law prohibited discrimination union workers adair agent louisville nashville railroad company indicted convicted discharged coppage employee railroad coppage member order locomotive firemen held dissents justices mckenna holmes railroad due process clause fifth amendment constitutional right crimin te union members therefore use yellow dog contracts chief relance holding lochner state new york invalidated new york law prescribing maximum hours work bakeries found support lochner holding said allgeyer state louisiana case appellants strongly rely strong dissents adair lochner cases reaffirmed principles adair case coppage state kansas strong dissents held kansas statute outlawing yellow dog contracts denied employers employees liberty fix terms employment reason law held invalid due process clause allgeyer lochner adair coppage constitutional doctrine years followed used strike laws fixing minimum wages maximum hours employment laws fixing prices laws regulating business activities see cases cited olsen state nebraska ex rel western reference bond osborn ozlin constitutional philosophy faithfully adhered adams tanner case strongly pressed upon us appellants adams tanner supra four justices dissenting struck state law absolutely prohibiting maintenance private employment agencies majority found businesses highly beneficial public upon conclusion held state without power proscribe holding opinion olsen state nebraska ex rel western reference bond supra clearly undermined adams tanner appellants also rely heavily certain language used opinion chas wolff packing industrial relations state kansas case invalidated state law part provided method state agency fix wages hours see chas wolff packing industrial relations state kansas invalidating part state act construed due process clause forbidding legislation fix hours wages fix prices products also relied distinction businesses according whether public interest latter distinction rejected nebbia people state new york due process clause ban legislative power fix prices wages hours assumed wolff case settled price fixing nebbia olsen cases wages hours fixed law longer doubted since west coast hotel parrish darby phelps dodge national labor relations board beginning least early nebbia case decided steadily rejected due process philosophy enunciated line cases consciously returned closer closer earlier constitutional principle power legislate found injurious practices internal commercial business affairs long laws run afoul specific federal constitutional prohibition valid federal law see nabbia new york supra pages pages west coast hotel parrish supra pages pages cases cited constitutional doctrine due process clause longer broadly construed congress state legislatures put strait jacket attempt suppress business industrial conditions regard offensive public welfare appellants ask us return least part due process philosophy deliberately discarded claiming federal constitution affords protection union members discrimination nevertheless assert constitution forbids state providing protection members held due process clause erects obstacle block legislative protection union members hold legislative protection afforded workers affirmed concurring opinions justice frankfurter justice rutledge see footnotes section chapter north carolina session laws enacted reads follows agreement combination employer labor union labor organization whereby persons members union organization shall denied right work said employer whereby membership made condition employment continuation employment employer whereby union organization acquires employment monopoly enterprise hereby declared public policy illegal combination conspiracy restraint trade commerce state north carolina nebraska adopted constitutional amendment reads follows person shall denied employment membership affiliation resignation expulsion labor organization refusal join affiliate labor organization shall individual corporation association kind enter contract written oral exclude persons employment membership nonmembership labor organization shops refuse employ union members sometimes designated shops sometimes shops contracts obligate employer employ none union members sometimes designated union security agreements closed shop contracts union shop contracts also much dispute exact meaning term shop see encyclopedia social sciences vol pp important difference emphasis different labels think better avoid use opinion nebraska constitutional amendment challenged action equitable relief declaratory judgment substantial basis complaint employers refused comply request unions discharge certain employees failed retain union membership north carolina criminal proceedings instituted appellants charging agreement made unlawful statute entered appellant employer appellants officers agents labor unions affiliated american federation labor state whitaker lincoln federal labor union northwestern iron metal neb see also american federation labor american sash door co appeal latter case also argued along two cases considered opinion treated arizona case separate opinion challenged arizona amendment presents question raised nebraska north carolina laws contention rests premise fourteenth amendment makes prohibitions guarantees first amendment applicable state action see west virginia state board education barnette pertinent language first amendment shall make law abridging freedom speech press right people peaceably assemble petition government redress grievances parts state statute related matters wages prices making contracts employment considerations involved constitutional validity parts statute relevant