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Smith v. Evening News Association, 371 U.S. 195 (1962)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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
CERTIORARI TO THE SUPREME COURT OF MICHIGAN
Syllabus
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. 195-201.
362 Mich. 350, 106 N.W.2d 785, reversed.
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Chicago:
U.S. Supreme Court, "Syllabus," Smith v. Evening News Association, 371 U.S. 195 (1962) in 371 U.S. 195 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=EXKP2KZWRSDT5KF.
MLA:
U.S. Supreme Court. "Syllabus." Smith v. Evening News Association, 371 U.S. 195 (1962), in 371 U.S. 195, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=EXKP2KZWRSDT5KF.
Harvard:
U.S. Supreme Court, 'Syllabus' in Smith v. Evening News Association, 371 U.S. 195 (1962). cited in 1962, 371 U.S. 195. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=EXKP2KZWRSDT5KF.
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