Fairview Hospital Ass'n v. Public Building Service & Hospital & Institutional Employees Union, Local No. 113

64 N.W.2d 16, 241 Minn. 523, 1954 Minn. LEXIS 606
CourtSupreme Court of Minnesota
DecidedApril 2, 1954
DocketNo. 36,125
StatusPublished
Cited by19 cases

This text of 64 N.W.2d 16 (Fairview Hospital Ass'n v. Public Building Service & Hospital & Institutional Employees Union, Local No. 113) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fairview Hospital Ass'n v. Public Building Service & Hospital & Institutional Employees Union, Local No. 113, 64 N.W.2d 16, 241 Minn. 523, 1954 Minn. LEXIS 606 (Mich. 1954).

Opinion

Thomas Gallagher, Justice.

Actions by nine hospitals which come within the definition of charitable hospitals, M. S. A. 179.35, subd. 2, to enjoin defendants, an unincorporated association of workers, hereinafter referred to as “the union,” from causing, promoting, or participating in a strike or other work stoppage affecting plaintiffs’ employees, pursuant to the union’s strike notice filed with the Minnesota labor conciliator April 1, 1953.

The actions, which were consolidated for trial, were brought under the provisions of §§ 179.36 to 179.39, which provide:

| 179.36. “It is unlawful for any hospital employee or representative of the employee * * * to encourage, participate in, or cause any strike or work stoppage against or directly involving a charitable hospital.”

§ 179.37. “It is contrary to public policy and is hereby declared to be unlawful for any charitable hospital to institute, cause, or declare any lockout.”

§ 179.38. “In the event of the existence of any labor dispute which cannot be settled by negotiation between the charitable hospital employers and their employees, either such employers or employees may petition and avail themselves of the facilities of the department of labor * * *. If such dispute is not settled within ten days after submission to conciliation, any unsettled issue of maximum hours of work and minimum hourly wage rates shall, upon service of written notice by either party upon the other party and the State Labor Conciliator, be submitted to the determination of a board of arbitrators whose determination shall be final and binding upon the parties. * * *” (Italics supplied.)

[528]*528§ 179.39. “The provisions of Minnesota Statutes 1915, Sections 185.02 to 185.19, shall not apply in the case of a threatened or existing strike or other work stoppage by hospital employees * * *, and such threatened or existing strike or other work stoppage * * * may be enjoined by a court of equity.”

Defendants appeared specially in opposition to plaintiffs’ motions for temporary injunctions and moved to dismiss the proceedings on the ground that the aforesaid statutory provisions were unconstitutional and void. This motion was denied, and on April 29, 1953, the court enjoined defendants from encouraging, participating in, or causing a work stoppage of plaintiffs’ employees pendente lite. This is an appeal from such order.

On appeal the union asserts that §§ 179.35 to 179.39 are unconstitutional in that (1) they deny equal protection to hospital employees and deprive them of common-law rights without due process; (2) they constitute an unlawful delegation of legislative power to boards of arbitration without providing standards for their decisions; and (3) they are vague and indefinite and hence not susceptible of judicial construction.

The facts relative to the dispute are as follows: A considerable number of the union’s members are employees of the nine hospitals operated by plaintiffs. Identical collective bargaining contracts with them cover certain of their nonprofessional employees. These include nurses aids, orderlies, maids, janitors, elevator operators, laundry workers, cooks, dishwashers, and a number of other classifications. The last of such contracts in effect between the parties expired February 28, 1953. Each contained the following provision:

Art. XI. “This agreement shall be effective as of the date first above written except as otherwise provided herein and shall remain in full force and effect until March 1, 1953, and from year to year thereafter, unless either party shall notify the other party in writing at least sixty (60) days prior to March 1, 1953, or March 1 of any year thereafter, of its intention to change, modify or terminate this agreement.” [529]*529Each further specified (Article I[f] of the contract, the “maintenance-of-membership” provision) that plaintiffs should give to each new employee a written statement as follows:

“There is a contract between this Hospital and the Public Building Service and Hospital and Institutional Employees Union, Local No. 113, AFL, covering wages, hours, and working conditions. The contract provides that the Union is the sole representative for nonprofessional employees of the Hospital in the classification of work for which you are hired. The Hospital takes no position as to whether or not you become a member of the Union.
“_Hospital
. “By_”

On December 17, 1952, the union served notices upon plaintiffs of its intention to reopen the contracts for modifications therein to be effective March 1,1953. On January 20, 1953, it submitted proposed renewal agreements and requested that prior to March 1,1953, meetings be held for the purpose of negotiating relative thereto. Thereafter negotiations and conciliation meetings, in part under the auspices of the state labor conciliator, were conducted. They covered proposals relating to increased wages; hours of work; additional holidays with pay; hospitalization and life insurance benefits; union shop; specific relief intervals during work periods; right of access to hospital by union representative; conditions relative to discharge prior to rate advancements; and changes relative to seniority. The parties failed to reach an agreement with respect thereto. Since March 1, 1953, by mutual consent, they have applied all terms of the expired contract.

On February 27,1953, plaintiffs submitted to the union a written proposal with respect to the basic issues in dispute as follows:

“1. Union Shop. We cannot agree to a Union Shop. Hospitals administer care to the sick without regard to race, creed, color or affiliation, and we are of the unalterable conviction that the hiring or tenure of those who are employed in that ministry should not be based upon any such discrimination. These hospitals, several of them religious institutions, attract and have employees who by [530]*530religious conviction will not join a union, so that consent to such compulsory membership provision would render them unemployable.
“The personnel now present in the negotiations settled a strike two years ago in these hospitals by agreement upon the existing provision whereby the hospitals acknowledge in writing to each employee at hiring the existence of this Union as a representative of employees in the classifications covered by the labor contract and disclaim taking any position whether an employee joins or does not join a union. What was considered appropriate and adequate then surely should be so today. Constant pressure for a compulsory membership clause in the contract seems to indicate inability or unwillingness of the Union to promote membership through ordinary persuasion or ‘salesmanship’. The hospital under all the circumstances here should not be asked to perform tasks for the union which it apparently admits it cannot do for itself.
“2. Vacation. We propose to grant three (3) weeks’ vacation after fifteen (15) years of service.
“3. Hours of work. We propose to retain the existing hours provisions in Article IV. This provision was mutually adopted after a long history of attempting to accommodate the forty hour work week to the twenty-four-hour-a-day, seven-days-a-week operation of a hospital.

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

Related

Gerawan Farming, Inc. v. Agricultural Labor Relations Board
405 P.3d 1087 (California Supreme Court, 2017)
Hennepin County Ambulance Drivers Ass'n v. County of Hennepin
394 N.W.2d 206 (Court of Appeals of Minnesota, 1986)
City of Spokane v. Spokane Police Guild
553 P.2d 1316 (Washington Supreme Court, 1976)
Orleans Ed. Ass'n v. SCH. DIST. OF ORLEANS
229 N.W.2d 172 (Nebraska Supreme Court, 1975)
Federal Distillers, Inc. v. State
229 N.W.2d 144 (Supreme Court of Minnesota, 1975)
City of Biddeford Ex Rel. Board of Education v. Biddeford Teachers Ass'n
304 A.2d 387 (Supreme Judicial Court of Maine, 1973)
Head v. Special School District No. 1
182 N.W.2d 887 (Supreme Court of Minnesota, 1970)
Jefferson County Teachers Ass'n v. Board of Education
463 S.W.2d 627 (Court of Appeals of Kentucky (pre-1976), 1970)
Mount St. Mary's Hospital v. Catherwood
260 N.E.2d 508 (New York Court of Appeals, 1970)
Dumont v. Commissioner of Taxation
154 N.W.2d 196 (Supreme Court of Minnesota, 1967)
Minneapolis Federation of Teachers, Local 59 v. Obermeyer
147 N.W.2d 358 (Supreme Court of Minnesota, 1966)
Construction & General Laborers Union, Local 563 v. City of St. Paul
134 N.W.2d 26 (Supreme Court of Minnesota, 1965)
State Ex Rel. Brown v. Johnson
96 N.W.2d 9 (Supreme Court of Minnesota, 1959)

Cite This Page — Counsel Stack

Bluebook (online)
64 N.W.2d 16, 241 Minn. 523, 1954 Minn. LEXIS 606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fairview-hospital-assn-v-public-building-service-hospital-minn-1954.