Alabama Power Co. v. International Brotherhood of Electrical Workers

199 So. 2d 82, 281 Ala. 71, 1967 Ala. LEXIS 892, 65 L.R.R.M. (BNA) 2879
CourtSupreme Court of Alabama
DecidedApril 13, 1967
Docket2 Div. 494
StatusPublished
Cited by3 cases

This text of 199 So. 2d 82 (Alabama Power Co. v. International Brotherhood of Electrical Workers) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alabama Power Co. v. International Brotherhood of Electrical Workers, 199 So. 2d 82, 281 Ala. 71, 1967 Ala. LEXIS 892, 65 L.R.R.M. (BNA) 2879 (Ala. 1967).

Opinion

MERRILL, Justice.

This is a petition for writ of certiorari to review a decree of the Circuit Court of Greene County, In Equity, adjudging the petitioners guilty of contempt of court for violating a temporary writ of injunction issued by the register of such court on August 19, 1966 in the case of Alabama Power Company, Complainant v. International Brotherhood of Electrical Workers, AFL-CIO, et al., Respondents (hereinafter called the “Primary Case”).

The temporary writ of injunction in the Primary Case, referred to above, enjoined the Union, inter alia, from:

“(a) Obstructing, harassing, molesting or interfering with the ingress or egress to and from the Complainant’s premises, property or equipment by Complainant’s employees, customers or invitees;
“(b) mass picketing or congregating in numbers of more than two at or near any gate or entrance way to Complainant’s properties and places of business, or along any roads or highways giving access to Complainant’s properties and places of business;
“(c) assaulting, injuring, damaging, or committing acts of violence to, the person or property of the employees of Complainant or their families and relatives, or the customers or invitees of Complainant, or threatening or attempting to do any of said acts;
“(f) threatening, harassing, coercing or intimidating Complainant’s employees or their families at or in the vicinity of their homes, or elsewhere;
“(j) following and interfering with, or attempting to interfere with the operation of, any motor vehicle used in the business of Complainant or of any employee, supplier or customer of Complainant ’on the public streets and roads;
“(Z) obstructing, blocking or in any other manner unlawfully interfering with the free use of the entrances to and exits from Complainant’s plants, buildings, establishments, places of business and property, or attempting to so do;
“(m) intimidating, coercing or inducing, by violence or by force or by a display or show or threat of violence or force any non-striking employee of Complainant from continuing to perform his or her employment with Complainant or attempting to do so ;
“(n) hampering with or in any way injuring or molesting any automobiles or other property of non-striking employees of Complainant while being driven to or from their places of employment or while parked at or near the same, or attempting to do so;
“(p) impeding the motor vehicles of the Complainant or of third persons doing business with the Complainant from entering or leaving the property or properties of Complainant or at any other place;
“(q) obstructing, blocking or otherwise unlawfully interfering with the free [74]*74use of public streets, -sidewalks, or ways

On August 30, 1966, Alabama Power Company filed a verifiéd petition against John E. Morehead, James S. Henderson and Thomas Lee Clark for a rule to show cause why they should not be punished for contempt for violation of the writ of injunction. The rule to show cause was issued, trial was held on the petition, and each was found guilty on September 6, 1966.

On September 9, 1966, Alabama Power Company filed a second verified petition against John R. Play wood, Maurice Little-ton, James E. Odom, W. V. Jones, Henry Davis, Local Union No. 345, and others. A third contempt citation was also filed on the same day against William D. Dreher. Trial was held on the second and third contempt citations on September 13, 1966, and Haywood, Littleton, Odom, Jones, Davis, Local Union No. 345, and Dreher were found guilty while certain others were found not guilty. Those parties, mentioned above, found guilty of contempt, filed the instant petition for writ of certiorari.

The three contempt citations describe five basic incidents which involve the ten petitioners. Incidents one and two embrace only petitioners Morehead, Dreher, Henderson and Clark, and since no assignment of error is argued in brief relating to those four petitioners, the writ of certiorari issued on their behalf is subject to dismissal. The familiar rule is that assignments of error are waived if not argued in brief. Sylvester v. Strickland, 278 Ala. 278, 177 So.2d 905; Rule 9 of Revised Rules of the Supreme Court, Code 1940, Tit. 7, Appendix.

Incident number three involved petitioners Haywood, Littleton, Odom and Jones, who were found guilty as charged of following and assaulting two Alabama Power Company employees by striking one with rocks and threatening to kill both of them.

Incident number four involves'the finding of Henry Davis and Local Unión No. 345 in contempt for placing quantities of nails around the entrance to Barry Steam Plant on various occasions.

Incident number five involves only Local Union No. 345 which was found guilty of damaging and interfering with the Alabama Power Company’s facilities at the entrance to the Barry Steam Plant.

By assignments of error 2, 3, 4 and 6, which are grouped together for argument, petitioners urge that the trial court erred in allowing the Alabama Power Company to call contemnors Haywood, Odom, Little-ton and Davis as witnesses. It is contended that the proceedings were criminal within the meaning of constitutional and statutory provisions pertaining to criminal cases, and that the contemnors could not properly be placed on the witness ■ stand to give testimony against themselves. We cannot agree. Although called to the stand as witnesses, none of the contemnors were required to answer questions tending to incriminate them. Each one of these witnesses did claim the privilege and each time the claim was made it was sustained by the trial court.

We are not here concerned with the right of a witness to claim the privilege of self-incrimination, but rather with the question of whether contempt proceedings are criminal cases.

In Ex parte Evett, 264 Ala. 675, 89 So.2d 88, the contemnors were adjudged guilty of contempt for violating a temporary restraining order issued during a labor dispute. Contemnors there, as the evidence showed, had beaten three men who attempted to apply for work in a textile mill. They contended on appeal that the rules of criminal procedure, rather than civil procedure, applied. We said in part:

“ * * * Clearly, contempt proceedings are not criminal cases within the meaning of the1 Constitution or statutes of Alabama. See Osborne v. Purdome, Mo., [75]*75244 S.W.2d 1005, 1006, 29 A.L.R.2d 1141. * * * »

The petitioners in Evett further contended that since they had been convicted for the beatings in the Recorders Court of the City of Huntsville that a ruling of the court that they were guilty of contempt would violate the double jeopardy provisions of the Alabama Constitution. We held to the contrary, saying:

“ * * * A conviction on an indictment will not purge a contempt, nor a conviction for a contempt be a bar to an indictment.”

Since a contempt proceeding is not a criminal proceeding in this State, Tit. 15, § 305, Code 1940, which provides that on the trial of all indictments, complaints, or other criminal proceedings, the person on trial shall, at his own request, but not otherwise, be a competent witness, does not apply as appellants insist.

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Bluebook (online)
199 So. 2d 82, 281 Ala. 71, 1967 Ala. LEXIS 892, 65 L.R.R.M. (BNA) 2879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alabama-power-co-v-international-brotherhood-of-electrical-workers-ala-1967.