EWP IMAG0146

Item

Title: EWP IMAG0146
Place: Virginia
Identifier: 1043705
Is Version Of: 1043705_EWP_IMAG0146.JPG
Is Part Of: Uncategorized
Date Created: 2024-01-07
Format: Jpeg Image
Number: 05bfb5edffa87bbc4cf5b82c0dc85a6749f16fc2d042ac9816b8ecce169c1735
Source: /Volumes/T7 Shield/EWP/Elements/EWP_Files/Access Files/Upload temp/1043705_EWP_IMAG0146.JPG
Publisher: Digitized by Edwin Washingon Project
Rights: Loudoun County Public Schools
Language: English
extracted text: pay.
The defendnants take the position that no one but a tescher

holding a contract with thec Board has any such interest in thc rate

of pay as would give him standing to suc concerning it, and thet he
cannot sue because he has waived the unconstitutional discrinination

by entering into the contract. If this were sound, there would be no

practical mcans of redress for tcachcrs subjected to the unconsti-

tutional discrimination. But it is not sound. As polnted out 1in

Frost Trucking Co. v, Railroad Com. 271 U.S. 583,

granting of a privilege, the statc "may not 1mpose conditions which

594, even in the

require the rclinquishment of constitutional rights., If the state

nmay compel the surrender of cne constituticnal right as a condition
of its favor, it may, in like manner, compel a surrender of all. It
is inconceivable that guarantics embedded in the Constitution of the

United Statcs may thus be manipulated out of existence." Sec also
Uuisw Paa. R. Cp. v. Public Service Com. 248 U.S. 67,69,70; Hanovor
Ins. Co. ve Harding 272 U.S. UL, 507. But-as stated A UO el P .

waiver could not extend beyond the terms of the contract for the

current ycar, in any cvent, and the rcliefl asked 1s fer the declara-
tion and protccticn of rights which extend beyond any prescnt cnploy-

nente.
Ye should say, too, that we have no doubt as to thc Norfolk

Teachers Amsociation being a proper party to the suit. According to
the complaint, it 1s a voluntary unincorporated ascclation ani

"is comnposcd cf Negro teachers and principals in the public colorod

schools of Norfolk": and thoe right of such an asscoclation to suc in

its comnon nane for the purposec of enforeing substantive rights under

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Item sets: Uncategorized

Media: 1043705_EWP_IMAG0146.JPG