Smith v. Arkansas State Highway Employees, Local 1315

by the Supreme Court of the United States

Supreme Court of the United States

441 U.S. 463

SMITH ET AL.  v.  ARKANSAS STATE HIGHWAY EMPLOYEES, LOCAL 1315, ET AL.

On Petition for Writ of Certiorari to the United States Court of Appeals for the Eighth Circuit

No. 78-1223. --- Decided: Apr. 30, 1979 

Held: The Arkansas State Highway Commission's refusal to consider employee grievances when filed by the union rather than directly by an employee of the State Highway Department does not violate the First Amendment. Even assuming that the Commission's procedure would constitute an unfair labor practice if the Commission were subject to the same labor laws applicable to private employers and that its procedure tends to impair the effectiveness of the union in representing the economic interests of its members, nevertheless, this type of "impairment" is not one that the Constitution forbids, the Commission not having prohibited its employees from joining together in a union, from persuading others to do so, or from advocating any particular ideas.

Certiorari granted; 585 F.2d 876, reversed.