382 Pa. 476 | Pa. | 1955
Lead Opinion
Opinion by
The question is whether the court below erred in refusing to enjoin the picketing of plaintiff’s establishment by a labor union.
Plaintiff is a corporation which conducts several restaurants, one of which is located at 1302-04 Sansom Street, extending through to 1305-07 Walnut Street, in the City of Philadelphia. It employs some 90 persons. The Waiters & Waitresses Union, Local 301 A.F.L., commenced a campaign to organize plaintiff’s employes and become their collective bargaining agent. Plaintiff allegedly tried to interfere with the rights of the employes to effect such organization and also discharged an employe, one Mary Greenwood, because, as the Union claimed, of her activities in its campaign. The Union filed charges with the State Labor Relations Board in regard to both those matters.
On March 26, 1952, the President of the Union, Ray Turchi, visited the restaurant and there engaged in an altercation with plaintiff’s secretary and treasurer, Jacob Blum. Blum’s version of the conversation was that Turchi said that Blum would be glad to put plaintiff’s employes in the Union when he got through with him, that even if it took him 10 to 20 years he would picket and ruin plaintiff’s restaurant, and that, when he got through, there would not be any Sansom House. Turchi denied this in part and claimed that Blum ordered him out and refused to discuss with him the question of reinstating Mrs. Greenwood. Be that as it may, the fact is that a whistle was then blown and the employes were called out on strike; some 13 of them responded and left the premises. The picketing by the Union thereupon began and has continued ever since, a period of over three years.
The present action in equity to enjoin the picketing was brought on December 2, 1953, by plaintiff, together with 70 of its employes, against the Union and its officers. Hearing having been had, the court concluded that plaintiff was not entitled to equitable relief against the defendants and dismissed the bill. Plaintiff appeals from that decision.
The first of these is that the picketing was intended as a protest against the discharge of Mrs. Greenwood. As already stated, however, that protest has now no valid basis in view of the court’s determination that her dismissal was not improper.
The second alleged reason for the picketing is that it was commenced because of plaintiff’s interference with the rights of the employes to organize and bargain collectively. But the order made by the Pennsylvania Labor Relations Board in that matter was complied with more than a year and a half ago, thereby leaving no further ground for complaint in regard to it. It need scarcely be said that continuation of the picketing subsequent to that time cannot be justified as an act of retaliation or as punishment for whatever sin plaintiff may originally have committed.
So much for the two asserted reasons for the picketing thus discussed. Plaintiff several times called upon defendants to state whether they had any other grievances or demands which they wished to present and which, if there were any, it would be glad to discuss with them, but defendants have not complied with this request.
It is unfortunate that the learned chancellor did not make a finding of fact in regard to the conversation between Turchi and Blum, for certainly, if Blum’s ver
The court below was of opinion that plaintiff did not come into equity with clean hands because of its having interfered with the organizational activities of the Union previous to March 26, 1952, when the picketing began. As already stated, however, plaintiff had admittedly undone any wrongs it may have committed years before and had “washed its hands” before the present action was instituted; it cannot therefore be barred on any such ground from obtaining equitable relief.
Being of opinion, for the reasons stated, that defendants’ picketing has long been, and still is, illegal,
The decree is reversed and the record remanded to the court below with direction to grant the injunction prayed for; each of the parties to bear its own costs.
Dissenting Opinion
Dissenting Opinion bt
The record in this case covers some 450 pages. The Chancellor who saw and heard the witnesses made the following Findings of Fact: “1. Defendants’ picketing is not for the purpose of coercing the plaintiff corporation to compel its employees to join the defendant unions. 2. The picketing by the defendants or members of the defendant unions was not accompanied by such violence or threats of violence as to warrant injunctive relief. 3. None of the defendants used force or threatened force such as would or did coerce the individual plaintiffs to join the defendant unions nor was any such force or threat of force used as would intimidate a person of average firmness. 4. The plaintiff corporation, because of its original interference with defendants’ efforts to organize the employees does not come into court with clean hands.”
These findings were confirmed by the Court en banc. The situation at the Sansom House has been unquestionably a distressing one, but I believe that the Majority in describing it in the Majority Opinion has painted a picture that goes beyond the frame of the testimony. For instance, the Majority says: “The uncontracttcted evidence is that there were sometimes as
Harry Webster, an employe at Sansom House, testified: “Q. Where did you see the pickets, on what street were they? A. Sansom Street side, right at the door as I go out. Right on the Sansom Street side as I go out the door. Take about two steps out of the door and they would be parading up and down. Q. What time do you come to work? A. I come in at noon. Q. Are the pickets there when you come in? A. Sometimes they are, sometimes they aren’t. Q. So you don’t see them there every day? A. No, I don’t.”
Edward Koziol, another employe, testified: “Q. Did they picket every day or only intermittently? A. Well, they picket almost every day, as far as I have noticed. In the afternoons I don’t see them around. . . Q. Regularly? A. I would say pretty regularly; only Walnut Street, at times I don’t see pickets there, but Sansom Street always. I manage to be on both sides and I do observe.”
This same witness testified that the pickets never molested the employes in any way: “Q. Did you see or hear the pickets, or any one on the picket line, do or say anything untoward to the help? A. No, I
Myrtle Hess, a waitress employed at the Sansom House for seven and a half years, testified: “Q. You have been employed continuously from the time of the strike to the present, haven’t you? A. Yes, sir. Q. And you are still employed there? A. Yes, sir. Q. And you wish, of course, to continue working? A. Yes, sir. Q. Have you had any experience with the pickets or anyone on the picket line? A. No, the pielcet line hasn’t bothered me one bit.’’
The Majority has referred to derogatory utterances made against the plaintiff’s restaurant but the record shows that some of these denunciations occurred at union meetings and not at the restaurant.
As recently as 1951, this Court said in Payne v. Winters, 366 Pa. 299, 301: “Findings of a chancellor affirmed by the court en banc will be disturbed on appeal only where not supported by the evidence or where arbitrarily or capriciously made.”
It is not evident that the learned and experienced Chancellor in the Court below made arbitrary or capricious findings.
Italics throughout, mine.