American Federation State v. Melvin

SIMPSON, Justice. This is an appeal from a ruling of the lower court sustaining the demurrer to a bill praying for declaratory
judgment and injunction. Appellant is an unincorporated association affiliated with the AFL-CIO, having its principal office in Washington, D. C.
It is engaged in organizing and recruiting members among civilian public employees for the purpose of collective bargaining.
Appellant's bill alleges that it derives all of its income from the dues paid by its members who are employed by governmental
bodies or agencies. We will sometimes hereafter refer to appellant as the 'Union'. Appellees are incumbent members and officers
of the Alabama Alcoholic Beverage Control Board, hereafter called the 'Board'. The suit is concerned with the constitutional
validity of Act 720, H. 231, approved September 17, 1953, General Acts of Alabama, 1953, p. 974, which we will hereafter refer
to as the 'Solomon Bill'. The text of the statute is set out in the earlier case of Government & Civic Employees Organizing
Committee, C.I.O. v. Windsor, 262 Ala. 285, 78 So.2d 646. Briefly the overall effect of the statute is to take away from a
State employee merit system privileges and benefits if such employee should become a member of a labor union.