188 Ky. 477 | Ky. Ct. App. | 1920
Opinion by
Dissolving injunction,.
The Diamond Block Coal Company, a Virginia corporation doing a coal mining business in Perry county, Kentucky, filed its petition in the Perry circuit court on March 10, 1920, praying the clerk to grant it an immediate temporary restraining order and that the court make this perpetual, enjoining and restraining the defendants, United Mine Workers of America, and seventeen individuals named in the petition as defendants, and all persons working by, through or under them, or in their employment, from proceeding to erect, construct or build or attempting to erect, construct or build, near the coal plant of the plaintiff, shacks, houses or tents, or shelter .of any kind, and from placing therein, or attempting to place therein any person or persons for the purpose of inducing or persuading any of its employes', laborer or laborers to break their contracts of employment with the plaintiff, and from doing divers other things -set forth in the prayer of the petition; and as the petition was properly verified and bond given, the clerk of the court on that day granted a temporary restraining order in accordance with the prayer of the petition, and a copy of this order was served upon each of the eighteen defendants. At the time the judge of the Perry circuit court was absent from the county, and this was alleged in the petition. After alleging that the plaintiff is a corporation organized under the laws of Virginia for the purpose of mining and selling coal from its lease of 1,493% acres of valuable coal land, located about three miles above the town of Hazard, in Perry county, upon which lease it has seventy-eight houses for its employes, and a tipple, railroad switch and other improvements necessary in mining and marketing coal, and that it has been running its mine regularly and finding a market for its product for about four years without
The answer traverses each of the material allegations of the petition, and affirmatively pleads that the United Mine Workers of America is a voluntary association with more than a half a million members scat-» tered over the United States; that there is no statutory provision of law in this state authorizing an action against voluntary association, and it pleads and relies upon this fact as a complete bar and abatement to plaintiff’s action; and further that the United Mine Workers of America, a voluntary association of working people, is authorized by an act of Congress dated June 20, 1886, chapter 5.67, section 424, statutes 86, and is what is known as a national trade union organized “for the purpose of aiding its members to become more skillful and efficient workers, the promotion of their general intelligence, the elevation of their character, the regulation of their wages and their hours and conditions of labor; the protection of their individual rights in the prosecution of their trade or .trades, the raising of funds for the benefit of sick, disabled or unemployed members or the
By reply the affirmative matter of the answer was traversed, and it was averred that if the defendants and each of them were not enjoined from doing the things complained of in the petition, the plaintiff would suffer great loss and damage. To this1 reply defendants filed a rejoinder, the affirmative allegations of which were by agreement controverted of record.
On March 23rd the defendants gave notice and entered a motion before Hon. John C. Eversole, judge of the Perry circuit court, “to dissolve, cancel and set aside the restraining order” granted by the clerk, and this motion was heard partly upon affidavits and partly on oral evidence which was taken down in shorthand and transcribed and made a part of the record now under consideration. Plaintiff, the Diamond Block Coal Company, filed and read ten affidavits, one of the affidavits containing the names of about fifty deponents, but only six of these affiants relate facts which are pertinent to the issue, the others stating only that they had been approached by persons representing themselves to be members of the organization known as United Mine Workers of America, and solicited to join the union and offered its benefits, and that they refused so to do because they were perfectly content with the conditions surrounding their employment with the plaintiff. Of the six who gave relative evidence, if the persons mentioned had been defendants, one of them, W. A. Shu'mate, named Lon Hamilton, McKinley Fowler and one Couch as threatening him if he did not join the union. Neither Hamilton, Fowler nor Couch are defendants and are not shown to be members of the United .Mine Workers. The next affiant, Joe Cornett, stated that while in the employ of the plaintiff Lon Hamilton and Harrison McIntyre, representing them'selves as members of the union, approached him and urged him to join the union and told him that he “did not get any grub allowance as an employe of the Diamond Block Coal Company, but that if he would join, their union they would see to it that he was given his grub .and seventy-five cents a day; that the union was going to build houses in close proximity to the Diamond Block Coal Company and there take care of their men and keep' them there and feed and house them and pay them money while
. The plaintiff’s general manager, R. F. Hoskins, was called as a witness and cross-examined by counsel for defendants. Among others things he was asked:
“Q. What position do you occupy with that company? A. I am the general manager. Q. Do you know where the W. Ó. Davis tract of land is with reference to your coal tipple? A. Yes. Q. How far is it? A. Well I have measured it; I would say it is about three or four hundred yards, air line, from our commissary and the house-s on the north of the river, and about half a mile from our tipple and mine. . . . Q. How far are the houses (proposed to be built by defendants) away from your commissary and office? A. I said I would think about three or four hundred yards, . . . -Q. Can you see the house from your office. A. No, sir. . . .
The witness was then asked concerning each of the seventeen defendants named in the petition in like manner, and he answered he did not know of any trespass or wrong done by either of the defendants.
“Q. Tell the court whether or not the defendants have individually or collectively intimidated or coerced you, or any of your employes, or used any violence or force in any way to cause you to stop operating your mine or caused your employes to quit digging coal for you? A. Not as I know of. Q. Now you have never stopped the operation of your mine have you? A. No. . . . Q. Now, Mr. Hoskins, neither of the defendants have done any act that has caused you any damage have they? A. No. Q. Now, you charge that some of the defendants are threatening to go upon your property. Do you know of any defendant that has ever threatened to go upon your property? A. No. . . . Q. Have either of the defendants done any act or anything to-your knowledge that would bring about any trouble in your camp? A. No. Q. Or any dissension or strife in your camp? A. No. . '. . Q. Did they give you the name of any person who was threatening to do you any injury? A. They gave the name, I would have to get that from the affidavit. Here is one — Clay Lawson and Fultz Newberry. Q. Now then, Olay Lawson.and Fultz New-
In regard to the union, the witness was asked:
“■Some of your men did join? A. Yes. Q. And they were discharged by you? A. Yes. -Q. You had some litigation in court about the houses in which they lived? A. Yes. . . . Q. And you stated that your only reason for discharging them was that they had joined this union? A. Yes. . . . Q. Now, Mr. Hoskins, the men you discharged never gave you any trouble, did they? You just found out they had joined the union and you discharged them and they went away? A. I don’t know as they gave us any trouble at the time we discharged them. But it is our rule we will not work union labor. . . . Q. Everything has gone on quietly and peaceably? A. Yes. Q. Those who joined the union, do you know where they joined it, whether on your premises or somewhere else? A. I do not think they have joined on our premises.”
From all the evidence, of which there is a great quantity, the following facts may be adduced:
Some months before this litigation started, three or four local unions among mine workers were organized
On this hearing the circuit judge sitting as a chancellor, overruled the motion of defendants to dissolve the
As there is no evidence to support-the allegations of the petition, that defendants have used threats, intimidation, coercion and fraud to accomplish their purposes, and as these allegations are 'Specifically denied by defendants, thus putting the burden of proof upon the plaintiff, and as it is admitted by plaintiff and its officers that its mines continue uninterruptedly to run, and no employe has been induced by defendants, or either of them, to leave its employment, and that its employes have the right to quit its employment at any time, it follows that the plaintiff has wholly failed to make out its case unless it be that the peaceable solicitation of miners to become members of the organization in that district was a violation of the rights of the plaintiff, or that the leasing of the ground by defendants from Davis and others and the erection, or attempted erection of the shacks or tenant houses was an-invasion of the rights of plaintiff. In its last analysis, plaintiff’s only complaint supported by evidence is that defendants have leased the ground and are proposing to erect shacks thereon, and are soliciting other employes to become members of the union.
While the United Mine Workers of America is a voluntary association and not a corporation, it is recognized both by federal statutes and the statutes of Kentucky. The association, through its officers;, had a right to enter into a lease contract with Davis and to erect the houses for the shelter of its membership. Of this there can be .no doubt. That it was going to house and care for laboring men who had been discharged and evicted by employers in that vicinity because the men joined the unions, does not militate against the manifest right of the association to otherwise make a lease and erect houses. So long as the union keeps within its legal rights it may lease as much ground and erect as many houses as may satisfy its purpose, and it violates no right of the plaintiff because the rights of two persons never conflict.
Labor organizations have a status in this country the same as other associations. Courts without exception have recognized the right of laboring men to associate themselves together to better their conditions and to
In the case of Hopkins v. Osley Stave Co., 83 Fed. 912, it was said: “The courts have invariably upheld the right of individuals to form labor organizations for the protection of the interest of the laboring class, and have denied the power to enjoin the members of such associations from withdrawing peaceably from any service, either singly or in a body, even where such withdrawal involves a breach of contract.”.
The general rule seems to be that organizers of labor unions may use any peaceable means, not partaking of fraud, to induce persons to become members, and equity will not enjoin such organizers, or their associates, from attempting by proper argument to persuade others to join the union so long as they do not resort to force or intimidation. If the union should induce employes oí the plaintiff to become members of its organization, and the plaintiff, as it has done in the past, should discharge such employes because of their membershipi in the union,
It may be urged that there is evidence in this record sufficient to warrant the conclusion that certain of the persons named in the affidavits as making threats, or proposing injury to the plaintiff’s employes or plant, were at the time members of the United Mine Workers of America, and therefore acting for and on behalf of the union. Even if it be granted that these men or any one or more of them were members of the union, and that they made the statements with which they are charged, no injunction would lie against the organization on account of such threats. The only way to reach such persons, under the facts of this case, is to make them defendants and if it had been shown that either of the defendants named had threatened to and was about to Invade the premises of the plaintiff, intimidate, coerce or alarm its employes, injure its property or property rights, or otherwise infringe upon its lawful rights the injunction would not be dissolved as to such person, if it were made to appear that the plaintiff would suffer irreparable injury and that it had no adequate remedy at law. But that is not the case we have here.
In this jurisdiction the rule is thoroughly established that a labor organization, through its officers and agents, may organize new branches and solicit membership among employes of concerns that are opposed to union labor so long as they -use only peaceable means, such as persuasion and argument, and are not guilty of threats* against the person or property, intimidation, coercion or fraud'. No sufficient facts; were shown on which the extraordinary remedy of injunction should have been granted to complainant in this ease, as in.
Capital may lawfully organize for its advancement and protection. It does so every day. Labor may rightfully do the same thing. This is the American way — the best known way. A business man decides he would like to go into the coal mining business; he knows if he does he will, to some extent, reduce the business chances and profits of those concerns already in the business of producing coal, but he has the right, if he can, to engage in the business and to peaceably organize capital to aid him in carrying out his plans, and in doing this he may approach other business men and persuade or induce them or any number to join him in his new enterprise. Such men join their fortunes to make themselves more powerful, their business chances greater and their profits larger. For the same reason working men get together and organize. They want to increase their efficiency, power, influence and business chances. We are born equal in civil rights and so remain although our avocations and fortunes! aire widely different. What capital may lawfully do, labor may do with equal right. Neither has the lawful power to invade the - rights of the other, nor would it be to the advantage of either. The two are inseparable companions. One can not exist without the other.
Some common basis can and must be-found on which to work -out the difficulties which confound industrialstoday without stiffling initiative, hope and ambition— the spirit of our institutions. An hour’is labor in a given community at a given calling should bring the toiler a given sum, with purchasing power, measured in the common necessities of life, sufficient to carry him, if judiciously employed, for a given, time. This basis must bear a fixed relation to the cost of production of such articles, -as wheat, corn, meat, cotton, wool and hides, as -well as the value of the finished product of the hour’s labor. When this -plan is worked out and property administered, both labor and capital will be benefited and there will cease to be strikes and other manifestations of industrial unrest.
It is a general rule that voluntary associations, such as the United Mine Workers of America, have neither power to sue nor to be sued in the association’s name, ex-
Bnt as the injunction in this case must he and is dissolved on other grounds-, it is not necessary here to further consider the question.
An order has been entered dissolving and setting aside the temporary injunction granted by the judge of the circuit court.