Coatesville Development Co. v. United Food & Commercial Workers

542 A.2d 1380, 374 Pa. Super. 330, 1988 Pa. Super. LEXIS 1559
CourtSupreme Court of Pennsylvania
DecidedMay 19, 1988
Docket2291
StatusPublished
Cited by27 cases

This text of 542 A.2d 1380 (Coatesville Development Co. v. United Food & Commercial Workers) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coatesville Development Co. v. United Food & Commercial Workers, 542 A.2d 1380, 374 Pa. Super. 330, 1988 Pa. Super. LEXIS 1559 (Pa. 1988).

Opinions

ROWLEY, Judge:

This is an appeal from an order denying appellants’, Coatesville Development Company and Giant Food Stores, petition for a preliminary injunction against appellees, two locals of the United Food and Commercial Workers Union. We affirm.

On August 28, 1984, appellant Giant Food Stores, Inc. (Giant) opened a new supermarket at Thorndale Shopping Center which shopping center is owned1 by Coatesville Development Company (Coatesville). The Thorndale Shopping Center consists of several stores in addition to Giant and a large parking area, and it is immediately adjacent to another shopping center which includes a competitor of Giant. The same day that the store opened, appellees were engaged in a labor dispute with Giant and began picketing and distributing handbills in front of the store as well as in the parking lot of the shopping center. The appellees charged that Giant paid substandard wages to its employees and discouraged public patronage of the store. The Union was not attempting to organize Giant’s employees and none of the pickets was employed by Giant.

Coatesville has no policy limiting or restricting the purposes for which a person is invited onto the mall premises. [334]*334Giant has a policy prohibiting unauthorized solicitation by non-employees on its premises and prohibiting employees from soliciting during working time on both the company’s property as well as in the common areas of the shopping center. This policy is made known to the public by a sign which is posted inside the store’s vestibule. The sign reads:

UNAUTHORIZED SOLICITATION FOR ANY PURPOSE OR THE DISTRIBUTION OF LITERATURE OF ANY KIND BY NON-EMPLOYEES ON COMPANY PREMISES IS NOT PERMITTED.
EMPLOYEES ARE NOT PERMITTED TO SOLICIT OR DISTRIBUTE LITERATURE DURING WORKING TIME IN WORKING AND PUBLIC AREAS.

The sign is not visible to one driving past the store in an automobile, and there is no positive evidence in the record that the sign is visible by pedestrians in the parking lot or on the sidewalk outside the store.

The day after the picketing began, Giant obtained a temporary ex parte injunction permitting the pickets, but limiting their number and their location, at specific places on the sidewalk and in the parking areas of the mall. Five days later, Giant and the Union consented to the entry of an injunction on terms similar to the ex parte injunction, and the trial court made the consensual injunction an order of court. However, both the Union and Giant expressly reserved the right to assert and challenge, respectively, the Union’s legal right to picket on the mall property.

Almost three months after the ex parte injunction was obtained, Coatesville filed a separate complaint in equity against the Union seeking a temporary and permanent injunction against all picketing on its property by the Union. Despite Giant’s consent to the earlier limited injunction in its separate action, Giant, along with Coatesville, filed an amended complaint in Coatesville’s equity action naming both Coatesville and Giant as plaintiffs in the action. One of the paragraphs in the complaint stated that all the proceedings in Giant’s separate action in which it had consented to the preliminary injunction were incorporated by [335]*335reference. In its answer to the amended complaint, the Union denied that anything from Giant’s separate action against the Union was incorporated or that the two actions had been properly joined. Also, in response to the amended complaint the Union filed unfair labor charges against appellants. The National Labor Relations Board dismissed the charges on the basis that the Union had failed to show that appellants’ action was frivolous or lacking a reasonable basis in fact or in law, or that the action was retaliatory. Thus, it did not constitute an unfair labor practice.

In December, 1984, a hearing was held in the Coatesville/Giant action on the issue of whether the trial court should grant the requested preliminary injunction and permit the Union to picket on appellants’ property. The trial court determined that while peaceful picketing on private property is not protected by the First Amendment of the United States Constitution, it is protected by Art. 1, § 72 of the Pennsylvania Constitution.

In reaching its conclusion, the trial court relied on Commonwealth v. Tate, 495 Pa. 158, 432 A.2d 1382 (1981), in which our Supreme Court held that the Pennsylvania Constitution affords more expansive protection of free speech than the federal constitution. Tate further established a test which balances the right to possess and use property against the right of free expression. Applying this test to the instant action, the trial court held that it was a reasonable exercise of police power to permit peaceful picketing [336]*336by the Union on appellants’ property particularly since it determined that the Union’s alternatives were wholly inadequate. Thus although the trial court found that the Pennsylvania Constitution protected the Union’s right to picket, it found it unnecessary to grant the preliminary injunction because the existing injunction granted in Giant’s separate action against the Union and which was agreed to by Giant and the Union but not Coatesville, was an appropriate accommodation of the parties’ constitutionally protected rights. For these reasons the trial court denied the petition for a preliminary injunction in the present case.

Coatesville and Giant appealed from the order denying the preliminary injunction claiming that the trial court erred in holding that the Union’s right to picket and distribute handbills on private property was constitutionally protected. A panel of this Court reversed the trial court’s order by holding that the Union did not have a right under the Pennsylvania Constitution to picket on the private property of Coatesville and Giant.

Reargument before the court en banc was granted, and the parties were given permission to file supplemental briefs addressing the impact of the recent decision of the Pennsylvania Supreme Court in Western Pennsylvania Socialist Workers v. Connecticut General Life Insurance Co., 512 Pa. 33, 515 A.2d 1331 (1986). The trial court had addressed the Superior Court’s disposition of Socialist Workers, 335 Pa.Super. 493, 485 A.2d 1 (1984), which had held that a privately owned shopping center was purely private and, therefore, the state constitution did not restrict the owner’s right to prohibit political activity on its property. However, the trial court found that the Superior Court had relied on a line of cases rejected by the majority in Tate and that it had misconstrued Tate.

Despite the emphasis on the constitutional rights of the parties in the trial court’s opinion, the panel’s disposition, and the parties’ briefs, we find it unnecessary to reach the constitutional issue of whether Article 1 § 7 of the Pennsylvania Constitution protects the right of union mem[337]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re the Nomination Petitions & Papers of Stevenson
40 A.3d 1212 (Supreme Court of Pennsylvania, 2012)
A.M. Skier Agency, Inc. v. Gold
747 A.2d 936 (Superior Court of Pennsylvania, 2000)
Fedorko Properties, Inc. v. C.F. Zurn & Associates
720 A.2d 147 (Superior Court of Pennsylvania, 1998)
Sovereign Bank v. Harper
674 A.2d 1085 (Superior Court of Pennsylvania, 1996)
Burns v. Consol Pennsylvania Coal Co.
636 A.2d 642 (Superior Court of Pennsylvania, 1994)
Phar-mor, Inc. v. United Food & Commercial Workers Union Local 1776
632 A.2d 913 (Superior Court of Pennsylvania, 1993)
Langston v. National Media Corp.
617 A.2d 354 (Superior Court of Pennsylvania, 1992)
Collins v. Greene County Memorial Hospital
615 A.2d 760 (Superior Court of Pennsylvania, 1992)
In re J.C.
603 A.2d 627 (Superior Court of Pennsylvania, 1992)
Commonwealth v. Eicher
605 A.2d 337 (Superior Court of Pennsylvania, 1992)
Indiana Cobra, Inc. v. UNITED FOOD AND COMMERCIAL WORKERS LOCAL NO. 23
594 A.2d 368 (Superior Court of Pennsylvania, 1991)
Grimme Combustion, Inc. v. Mergentime Corp.
595 A.2d 77 (Superior Court of Pennsylvania, 1991)
Humphreys v. Niagara Fire Insurance
590 A.2d 1267 (Superior Court of Pennsylvania, 1991)
Commonwealth v. Cornish
589 A.2d 718 (Superior Court of Pennsylvania, 1991)
Ryan v. Ryan
571 A.2d 392 (Superior Court of Pennsylvania, 1990)
O'Callaghan v. O'Callaghan
567 A.2d 308 (Supreme Court of Pennsylvania, 1989)
Lanci v. Metropolitan Insurance
564 A.2d 972 (Supreme Court of Pennsylvania, 1989)
Phk-P, Inc. v. United Food and Commercial Workers Union, Local 23
554 A.2d 519 (Supreme Court of Pennsylvania, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
542 A.2d 1380, 374 Pa. Super. 330, 1988 Pa. Super. LEXIS 1559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coatesville-development-co-v-united-food-commercial-workers-pa-1988.