Baltimore & Ohio Southwestern Rd. v. Bailey

Citations

• 99 Ohio St. (N.S.) 312

Syllabus

<p>Railroads — Interstate commerce — Relief departments — Not authorized by Federal Employersf Liability Act — But prohibited by Sections 9012, 9013 and 9014, General Code, when — Compulsory membership, withholding wages for dues, and waiver of right to damages — Constitutional law — Freedom of contract— Police power.</p> <p>1. In the Federal Employers’ Liability Act, congress covered the responsibility of interstate carriers by railroad to their employes injured in such commerce, and that act supersedes the statutes of the states on the subject; but congress has not in that act or otherwise given authority for the creation and operation of relief associations which employes of carriers engaged in interstate commerce are compelled to join, nor for such association to withhold any part of the wages of an employe against his consent to pay dues therein, nor to require either as a condition to securing employment or being employed.</p> <p>2. The freedom of contract guaranteed by the constitution- is not infringed by the provisions of Sections 9012, 9013 and 9014, General Code, which prohibit a corporation from compelling employes to join any association, from withholding any part of the wages or salary of employes for the payment of dues therein, from requiring either as a condition of securing employment or being employed, or from making an agreement with a person about to enter employment whereby he agrees to waive any right to -damages against a railroad company, thereafter arising for personal injury or death, or whereby he agrees to surrender or waive, in case he asserts such right, any other right. -</p> <p>3. The provisions of those sections do not conflict, and are not inconsistent, with the Federal Employers’ Liability Act, nor impair its full effect and operation.</p> <p>4. Sections 9012, 9013 and 9014, General Code, are valid enactments in the exercise of the police power, not in conflict with the state or federal constitution.</p>