Henderson v. State

65 So. 2d 22
CourtSupreme Court of Florida
DecidedMay 5, 1953
StatusPublished
Cited by7 cases

This text of 65 So. 2d 22 (Henderson v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Henderson v. State, 65 So. 2d 22 (Fla. 1953).

Opinion

65 So.2d 22 (1953)

HENDERSON, Sheriff,
v.
STATE ex rel. Lee.
HENDERSON, Sheriff,
v.
STATE ex rel. FRAZIER.

Supreme Court of Florida, en Banc.

May 5, 1953.

Lucille Snowden, Richard H.M. Swann, Miami, and Wendell C. Heaton, Tallahassee, for appellant.

Richard W. Ervin, Atty. Gen., John A. Madigan, Jr., and William A. O'Bryan, Asst. Attys. Gen., for appellees.

MATHEWS, Justice.

These two cases involve a labor dispute between the Amalgamated Association of Street Electric Railway and Motor Coach Employees of America, Division 1267, of Dade County, Florida, and the Miami Transit Company. Frazier was President of the union and Lee was a member of the union and an employee of the Miami Transit Company. The appellees were arrested and held in custody under warrants charging and accusing them with a violation of F.S. Chapter 453, F.S.A., being Chapter 23911, Laws of Florida 1947, which is commonly known as the Florida Public Utility Arbitration Law.

Petition for writs of habeas corpus were brought by the appellees in the Circuit Court of Dade County, Florida, attacking the constitutionality of the Florida Public Utility Arbitration Law. After a hearing before the Circuit Judge, an order was entered denying motions to quash the writs of habeas corpus and discharging the appellees. This appeal is from that order.

There is no dispute about the facts. Elections were held by the union in 1941 and 1943 under the United States Department of Labor Conciliation and Mediation Service to determine the representative *23 status of the union for employees of the bus company involved in this cause. Since the enactment by Congress in 1947 of the so-called Taft-Hartley Act as an amendment of the National Labor Relations Act, 29 U.S.C.A. § 141 et seq., the union in question has complied with all of the provisions of that law and has negotiated under its terms. A collective bargaining agreement between the union and the bus company was entered into with reference to wages and working conditions of the employees, which expired on October 1, 1951. More than sixty days prior to that date and in compliance with the Labor Management Relations Act, the union submitted written proposals to the bus company for specified changes they wished to negotiate for in a new contract and offered to meet, and requested a conference with the company officials for the purpose of bargaining on such proposals. Proper notice was given to the Federal Conciliation and Mediation Service of the United States Department of Labor of the failure of the parties to reach an agreement, and at the time of the habeas corpus proceedings, negotiations were continuing under the direction of a representative of the Federal Conciliation and Mediation Service.

The Public Utility Arbitration Law contains the following provisions:

"453.05 Work interruption; prohibited — The conciliator so named shall expeditiously meet with the disputing parties and shall exert every reasonable effort to effect a prompt settlement of such dispute. From and after the filing of a petition with the governor as provided for in § 453.04 hereof, and until and unless the governor shall determine that the failure to settle the dispute with respect to which such petition relates would not cause severe hardship to be inflicted on a substantial number of persons, there shall be no interruption of work and no strikes or slowdowns by the employees, and there shall be no lockout or other work stoppage by the employer, until such time as all procedure provided for by this chapter has been exhausted or during the effective period of any order issued by a board of arbitration pursuant to the provisions of this chapter.
* * * * * *
"453.12 Penalty for violation by an individual — Any violation of this chapter by any member of a group of employees acting in concert, or by any employer or by any officer of an employer acting for such employer, or by any other individual, shall constitute a misdemeanor, punishable upon conviction by a fine of not more than one thousand dollars or by imprisonment in the county jail for not more than twelve months, or both."

It appears from the record that after the dispute arose the bus company, acting under F.S. Chapter 453, F.S.A., petitioned the Governor of Florida to call into effect the arbitration and conciliation provisions of the Florida law. The appellees refused to recognize this procedure and eventually called a strike.

Only one question is presented by this appeal, and that is: "Has Congress, by the enactment of the National Labor Relations Act of 1935, as amended by the Labor Management Relations Act of 1947, so completely preempted the regulation of peaceful strikes for higher wages in industries affecting interstate commerce, including public utilities, as to render invalid Chapter 453, Florida Statutes, F.S.A., as being in direct conflict with federal legislation?"

The Circuit Judge answered the above question in the affirmative by its order denying the motion to quash and discharging the appellees.

This case is controlled entirely by the majority opinion of the Supreme Court of the United States in the case of Amalgamated Association of Street Electric Railway and Motor Coach Employees of America, Division 998 v. Wisconsin Employment Relations Board, 340 U.S. 383, 71 S.Ct. 359, 362, 95 L.Ed. 364. This case will hereafter be referred to as the "Wisconsin case".

The above case, decided by the Supreme Court of the United States, involved the *24 validity of the Wisconsin statutes of 1947, Section 111.50 et seq. The net result of the majority opinion in that case was that the Wisconsin statute, which prohibits strikes against public utilities and provides for compulsory arbitration of labor disputes after an impassee in collective bargaining has been reached, is invalid, because it is in conflict with the National Labor Relations Act, as amended by the Labor Management Relations Act of 1947.

For the purposes of this opinion, the Wisconsin Act is the same as the Florida Act. Any deviation in details between the two acts are of no importance in this case.

Among other things the majority opinion of the Supreme Court of the United States in the Wisconsin case specifically held:

"We have recently examined the extent to which Congress has regulated peaceful strikes for higher wages in industries affecting commerce. * * * We also listed the qualifications and regulations which Congress itself has imposed upon its guarantee of the right to strike. * * * Upon review of these federal legislative provisions, we held [International Union of United Auto Workers v. Obrien], 339 U.S. 454 at page 457, 70 S.Ct. [781] at page 783 [94 L.Ed. 978]:
"`None of these sections can be read as permitting concurrent state regulation of peaceful strikes for higher wages. Congress occupied this field and closed it to state regulation. Plankinton Packing Co. v. Wisconsin Board, 1950, 338 U.S. 953, 70 S.Ct. 491 [94 L.Ed. 588]; La Crosse Telephone Corp. v. Wisconsin Board, 1949, 336 U.S. 18, 69 S.Ct. 379 (93 L.Ed. 463); Bethlehem Steel Co. v.

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Bluebook (online)
65 So. 2d 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-v-state-fla-1953.