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Smith v. Evening News Association, 371 U.S. 195 (1962)

Smith v. Evening News Association

No. 13

Argued October 19, 1962

Decided December 10, 1962

371 U.S. 195


An employee brought suit in a state court against his employer, seeking damages for breach of a collective bargaining contract between his union and the employer. He alleged that the employer had violated a clause in the contract prohibiting discrimination against any employee because of his membership or activity in the union. It was conceded that such conduct would constitute an unfair labor practice prohibited by § 8 of the National Labor Relations Act.

Held: the suit could be maintained by an individual employee, and the state court's jurisdiction was not preempted under the rule of San Diego Building Trades Council v. Garmon, 359 U. S. 236. Pp. 371 U. S. 195-201.

362 Mich. 350, 106 N.W.2d 785, reversed.

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