William O. Douglas

“ It is suggested, however, that the du process question is ripe for adjudication no matter how the Florida law is construed. But if the law does no more than to grant an individual working man a cause of action in case he is denied employment unless he joins a union, or if it goes no further than to make closed-shop agreements unenforceable between the parties, no case or controversy raising the due process question would be presented for decision by the present bill. ”

“ If appellees should at any time make oppressive use of legal processes of the state, bring repeated, groundless suits, or otherwise threaten irreparable damage to appellants, the federal courts are open to them upon their making allegations sufficient to justify intervention by equity. ”

“ If, on the other hand, it be assumed, as Florida's Attorney General asserts, that this constitutional provision is self-executing, we do not know what sanctions Florida will afford for its enforcement. It provides that 'The right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union, or labor organization.' It is asserted that this provision outlaws the closed-shop agreement and makes those who enter into one criminally liable, [13] or, in case of corporations, subjects them to quo warranto proceedings. ”

“ The federal district courts have jurisdiction of all suits of a civil nature, at common law or in equity where the matter in controversy exceeds, exclusive of interest and costs, $3000 and ' rises under the Constitution or laws of the United States.' Judicial Code § 24 (1) , 28 U.S.C. § 41 (1) , 28 U.S.C.A. § 41 (1) . The allegations are that if the Florida law becomes effective there will be an immediate decrease in the membership of appellant unions and the dues collected by them will decrease far in excess of $3000. ”

“ Further, assuming that statements in the motion papers may supply essential allegations lacking in the complaint, no reason appears why the employee appellants cannot test the validity of the Florida laws and constitution by suits against their employers who have broken their closed shop contracts. There is no allegatin on the motion that any employer has refused to enter into a closed shop contract because of the threats of appellees.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”

“ Moreover, the Court remands the case to the District Court with directions to retain the case until the Florida courts interpret the provision in the Florida constitution. The efficacy of this disposition of the case is less real than apparent. It affords little if any protection to the appellants so far as the issues now in dispute are concerned. They are left unprotected against the very threat which this Court states is real and imminent. ”

“ The prayer was for a temporary and permanent injunction. A motion to dismiss was made which, though denying a showing of irreparable damage, raised no issue of fact, other than the question whether the amount involved in the controversy exceeds $3000. ”

“ Appellee Watson apparently takes the position that those who enter into closed-shop agreements violate an old Florida statute, 22 Fla.Stats.Ann. § 833.02, which provides: 'If two or more persons shall agree, conspire, combine or confederate together for the purpose of preventing any person from procuring work in any firm or corporation, or to cause the discharge of any person from work in such firm or corporation ”