Fidelity Interior Construction, Inc. v. Southeastern Carpenters Regional Council
2012 U.S. App. LEXIS 6390
| 11th Cir. | 2012Background
- Union conducted a 2004–2005 area standards campaign targeting Fidelity Interior Construction for substandard pay/benefits.
- Fidelity presented evidence the union picketed neutral contractors and property owners to coerce them to stop working with Fidelity.
- Pickets were at Emory Crawford Long Hospital, Proscenium, Centergy/Choate sites, Colony Square, and other locations, with loud chants and banners.
- Warning letters and handbills threatened adverse relationships with neutrals and urged use of “area standards” contractors.
- Fidelity alleged unlawful secondary boycott under NLRA § 158(b)(4)(ii)(B); damages sought for lost contracts and future profits.
- District court admitted and instructed on evidence of both lawful and unlawful union conduct and denied excluding banners/handbills; damages awarded to Fidelity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admission of lawful conduct evidence biased the verdict | Fidelity | Southeastern | No reversible error; total evidence proper under law |
| Whether the union acted with unlawful intent in picketing | Fidelity | Southeastern | Sufficient evidence supported unlawful intent under Moore Dry Dock/totality of circumstances |
| Damages for lost opportunities to bid are recoverable under § 303 | Fidelity | Southeastern | Damages for lost opportunities to bid may be recovered; evidence supported lost profits/least certain damages allowed |
Key Cases Cited
- NLRB v. Retail Store Emps. Union, Local 1001, 447 U.S. 607 (1980) (unlawful intent can be inferred from coercive conduct)
- Sailors' Union of the Pacific, AFL v. Moore Dry Dock Co., 92 N.L.R.B. 547 (1950) (Moore Dry Dock standards for lawful picketing)
- Ramey Constr. Co., Inc. v. Local Union No. 544, 472 F.2d 1127 (5th Cir.1973) (totality of evidence; unlawful intent may be shown across sites)
- Superior Derrick Corp. v. NLRB, 273 F.2d 891 (5th Cir.1960) (unlawful intent if secondary effects induced)
- Tex. Distribs., Inc. v. Local Union No. 100, 598 F.2d 393 (5th Cir.1979) (secondary effects and misled neutral parties)
- NAACP v. Claiborne Hardware, 458 U.S. 886 (1982) (lawful conduct cannot support damages)
- Kin v. Fortune, - (-) (placeholder for completeness)
- Kentov v. Sheet Metal Workers' Int'l Ass'n Local 15, 418 F.3d 1259 (11th Cir.2005) (signs speak to intent; picketing without mooring to primary)
- Am. Bridge Div., U.S. Steel Corp. v. IUOE Local 487, 772 F.2d 1547 (11th Cir.1985) (damages proximate to unlawful conduct)