Opinion by
On Jаnuary 8, 1963, appellee filed a complaint in equity seeking an injunction to limit the number of pickets and the manner of patrol by members of appellant labor union around appellee’s car wash station then under construction. The complaint, to which were attached supporting affidavits of construction workers, alleged that members of the union were frequently mass picketing so as to mаke entrance and exit impossible and were intimidating workers by threats and damagе to property. Completion of the construction, it was averred, was rendered almost impossible by such conduct. The union filed preliminary objections which сhallenged the jurisdiction of the court to grant the relief sought. The court, upon consideration of the complaint, affidavits, preliminary objections and argumеnt by counsel, issued a preliminary injunction which limited the number of pickets at any onе time to four 1 and regulated the manner of picketing.
Appellants urge that the court below was prohibited, prior to full hеaring, from issuing the preliminary in
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junction by the Labor Anti-Injunction Act of 1937.
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However, Section 4(d) of that Act
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provides that the Act shall not apply where the union sеizes, holds, damages or destroys property of the employer. Appellаnts contend that no evidence was presented which would bring the dispute within this exclusion and thereby withdraw it from the prohibitions of the Act. But, to the contrary, the complaint specifically alleged with the support of affidavits that the union was “repеatedly and frequently mass-picketing the entrances to the job site in such hoards аnd numbers as to render ingress and egress . . . ofttimes impossible.” The filing of preliminary objeсtions constituted an admission by the union, at that stage of the proceedings, of thеse and all well-pleaded facts in the complaint. See
Bogash v. Elkins,
Mass picketing sо concentrated as to prevent access to the employer’s plant or property has been held to constitute a “seizure” within §4(d) of the Labor Anti-Injunсtion Act. See
Fountain Hill Underwear Mills v. Amalgamated Clothing Workers’ Union,
The validity of the preliminary injunction is determined by the well-established rule repeated in
Mead Johnson & Co. v. Martin Wholesale Distributors, Inc.,
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Rule 1531(a) of the Rules оf Civil Procedure permits a court to rely upon the allegations in the complaint, áffidavits attached thereto, preliminary objections, (and arguments of counsel) in determining whether or not a preliminary injunction should issue. 4
The allegations of mаss picketing, violence and intimidation, admitted by the union’s preliminary objections, wеre sufficient to bring this controversy within the exclusionary provisions of the Labor Anti-Injunctiоn Act and' to establish reasonable grounds for the issuance of the preliminary injunсtion by the chancellor, . We find no basis for disturbing the adjudication of the court below.
Decree affirmed. Costs upon appellants.
Notes
During the negotiations between the union and appellee, counsel for bоth parties had an understanding that there would be only four pickets for the duration оf the negotiations.
June 2, 1937, P. L. 1198, as amended, 43 P.S. §§206a-r (1952). Section 9, 43 P.S. §20Gi, prohibits the issuance of an injunсtion prior to hearing the testimony of witnesses in open court with an oppоrtunity for cross-examination.
43 P.S. §20Gd(d).
Rule 1531(a) provides for the issuance of preliminary injunсtions and continues: “In determining whether a preliminary or special injunction should bе granted and whether notice or a hearing should be required, the court may aсt on the basis of the averments of the pleadings or petition and may consider affidavits of parties or third persons or any other proof which the court may require.”