International Ass'n of Bridge, Structural & Ornamental Ironworkers, AFL-CIO v. BLOUNT INT'L., LTD.

519 So. 2d 1009, 12 Fla. L. Weekly 2628, 129 L.R.R.M. (BNA) 2566, 1987 Fla. App. LEXIS 11045, 1987 WL 1458
CourtDistrict Court of Appeal of Florida
DecidedNovember 13, 1987
Docket87-448
StatusPublished
Cited by11 cases

This text of 519 So. 2d 1009 (International Ass'n of Bridge, Structural & Ornamental Ironworkers, AFL-CIO v. BLOUNT INT'L., LTD.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
International Ass'n of Bridge, Structural & Ornamental Ironworkers, AFL-CIO v. BLOUNT INT'L., LTD., 519 So. 2d 1009, 12 Fla. L. Weekly 2628, 129 L.R.R.M. (BNA) 2566, 1987 Fla. App. LEXIS 11045, 1987 WL 1458 (Fla. Ct. App. 1987).

Opinion

519 So.2d 1009 (1987)

INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL & ORNAMENTAL IRONWORKERS, AFL-CIO, Appellant,
v.
BLOUNT INTERNATIONAL, LTD., Appellee.

No. 87-448.

District Court of Appeal of Florida, Second District.

November 13, 1987.
Rehearing Denied February 8, 1988.

*1010 Victor J. Van Bourg and David A. Rosenfeld of Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, Cal., Mark F. Kelly and Robert F. McKee of Kelly & McKee, P.A., Tampa, for appellant.

Gary R. Kessler and David L. Gordon of Jackson, Lewis, Schnitzler & Krupman, Atlanta, Georgia; A.H. Lane of Lane, Trohn, Clarke, Bertrand & Williams, P.A., Lakeland, for appellee.

CAMPBELL, Acting Chief Judge.

Appellant, defendant below, International Association of Bridge, Structural & Ornamental Ironworkers, AFL-CIO, takes this interlocutory appeal from the trial court's order finding appellant liable to appellee, plaintiff below, Blount International, Ltd., for the tortious acts of its Local 397 union.

Appellee's action below was brought against appellant, its Local 397 union and various individual defendants who were members and/or officers of Local 397. Appellee's cause of action was premised on allegations of tortious interference with appellee's performance of its contract with the City of Lakeland and on allegations of the violation of various Florida Statutes relating to trespass by the defendants below. In the action in the trial court, the issues of liability and damages were bifurcated. All of the defendants below, except for appellant, entered into a consent judgment on the issue of liability.

Appellant and appellee stipulated that the issue of appellant's liability for the tortious acts of its Local 397 was controlled by the existence, or lack of it, of an agency relationship between appellant and its Local 397. The parties further stipulated that the question of the agency relationship *1011 should be resolved by the trial court below, acting without a jury, on the basis of the parties' submissions in support of and in opposition to appellant's motion for summary judgment. The trial court concluded, on the basis of extensive findings of fact and conclusions of law, that under Florida law an agency relationship had been shown to exist between appellant and its Local 397 so that appellant was liable for the tortious acts committed in Florida by its Local 397. We find that there is sufficient evidence in the record to support the findings and conclusions of the trial judge and affirm.

In the consent judgment entered in regard to Local 397, and the other individual defendants, those defendants admitted:

The conduct of the Individual Defendants and of the agents, representatives and members of Local 397 on October 26, 1979, was threatening, intimidating, coercing and harassing of Plaintiff, its employees, agents and their families, and that said conduct violated the laws and dignity of the State of Florida. Furthermore, the Defendants party to this Consent Judgment admit that they interfered with the business relationship which Plaintiff had established with the City of Lakeland, Florida, and certain of Plaintiff's subcontractors, and that they engaged in the violent, threatening, and intimidating conduct which occurred during the latter part of October, 1979, at Plaintiff's power plant construction site on Lake Parker Drive in Lakeland, Florida.

Appellant relies primarily on the cases of Carbon Fuel Co. v. United Mine Workers, 444 U.S. 212, 100 S.Ct. 410, 62 L.Ed.2d 394 (1979); United Mine Workers v. Coronado Coal Co., 259 U.S. 344, 42 S.Ct. 570, 66 L.Ed. 975 (1922); Shimman v. Frank, 625 F.2d 80 (6th Cir.1980); and tangentially, Folwell v. Bernard, 477 So.2d 1060 (Fla. 2d DCA 1985). Carbon Fuel considered an action brought under the federal Labor Management Relations Act, Taft-Hartley Act, 29 U.S.C. § 185 (1947). Coronado Coal was a decision considering whether there was a cause of action under the federal Sherman Anti-trust Act. Shimman was an action brought under the Landrum-Griffin Act, 29 U.S.C. § 411, and also involved a claim under 42 U.S.C. § 1985(3) and § 1986, and a "pendant claim under Ohio state law." In Folwell, we were confronted with the interpretation of an ecclesiastical relationship between a parent church and a local subordinate body. We determined in Folwell that the constitution and canons pertaining to the parent church and local body were more in the nature of a contract and should be interpreted as a matter of law. We interpreted those documents as failing to disclose domination by the parent church over the local body in the everyday secular affairs as opposed to its ecclesiastical control of the local body. We, therefore, determined in that ecclesiastical situation that dominance over ecclesiastical dogma could not serve as a bridge capable of affording a method to hold the parent civilly liable for the tort of the subordinate committed solely in regard to its day to day secular affairs.

In Folwell, while still applying the reasoning of International Union of Operating Engineers, Local 675 v. Lassitter, 295 So.2d 634 (Fla. 4th DCA 1974), quashed on other grounds, 314 So.2d 761 (Fla. 1975), rev'd. and remanded on other grounds, 325 So.2d 408 (Fla. 4th DCA 1975), quashed and judgment entered by trial court reinstated, 349 So.2d 622 (Fla. 1976), we speculated as to the continued correctness of Lassitter in the light of Shimman. We conclude that Lassitter is still the controlling law in Florida on the question of agency relationships of parent or international unions and their subordinate local unions, particularly where there has not been a preemption by federal law.

The United States Supreme Court has specifically held in Farmer v. Carpenters, 430 U.S. 290, 97 S.Ct. 1056, 51 L.Ed.2d 338 (1977), that there is an exception to the general rule of the doctrine of federal preemption of state court jurisdiction in the labor law area in cases involving violent tortious activity. The supreme court there held:

Similar reasoning underlies the exception to the pre-emption rule in cases involving *1012 violent tortious activity. Nothing in the federal labor statutes protects or immunizes from state action violence or the threat of violence in a labor dispute, Automobile Workers v. Russell, 356 U.S. 634, at 640, 2 L.Ed.2d 1030, 78 S.Ct. 932 [at 936]; id., at 649, 2 L.Ed.2d 1030, 78 S.Ct. 932 [at 941] (Warren, C.J., dissenting); United Construction Workers v. Laburnum Constr. Corp., 347 U.S. 656

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Bluebook (online)
519 So. 2d 1009, 12 Fla. L. Weekly 2628, 129 L.R.R.M. (BNA) 2566, 1987 Fla. App. LEXIS 11045, 1987 WL 1458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-assn-of-bridge-structural-ornamental-ironworkers-afl-cio-fladistctapp-1987.