International Brotherhood of Carpenters & Joiners of America, Local No. 857 v. Todd L. Storms Construction Co.

324 P.2d 1002, 84 Ariz. 120, 1958 Ariz. LEXIS 194, 42 L.R.R.M. (BNA) 2116
CourtArizona Supreme Court
DecidedApril 30, 1958
Docket6325
StatusPublished
Cited by4 cases

This text of 324 P.2d 1002 (International Brotherhood of Carpenters & Joiners of America, Local No. 857 v. Todd L. Storms Construction Co.) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
International Brotherhood of Carpenters & Joiners of America, Local No. 857 v. Todd L. Storms Construction Co., 324 P.2d 1002, 84 Ariz. 120, 1958 Ariz. LEXIS 194, 42 L.R.R.M. (BNA) 2116 (Ark. 1958).

Opinions

JOHNSON, Justice.

This is an appeal from an order for a temporary injunction. Appellants, the unions and their agents, will hereinafter be referred to as defendants or unions, and the appellee will be referred to as plaintiff or employer, whichever is appropriate.

On February 10, 1956, plaintiff filed its complaint and on the same day an ex parte order was entered restraining defendants from picketing plaintiff’s construction project in Douglas, Arizona. The trial court entered an order to show cause why a temporary injunction should not be entered. Defendants filed motions to dismiss the complaint and to dissolve the temporary restraining order. A hearing was had and thereafter the order involved herein was entered.

The complaint alleged a conspiracy to force plaintiff, by picketing his building project, to make an agreement to employ only members of the union defendants; or to coerce or compel the employees of plaintiff and its subcontractors to become mem[122]*122bers of the union defendants; or to coerce plaintiff’s subcontractors to refuse to carryout their contracts with plaintiff; and such acts were illegal and entitléd plaintiff to injunctive relief under Chapter 8, A.R.S. § 23-1301 et seq. The complaint further alleged there was no dispute as to wages and working conditions between plaintiff and its employees, between itself and the employees of its subcontractors, or between its subcontractors and their employees.

In defendants’ motion to dissolve the temporary restraining order it was alleged that such order was in violation of their constitutional rights of freedom of speech and assemblage as guaranteed by the Constitution of the State of Arizona and of the United States; that the picketing was solely to publicize the facts relative to the wage scales and working conditions prevailing in plaintiff’s business operations and its economic interdependence within the building industry in the State of Arizona; and, that the picketing was at all times peaceable.

Plaintiff presented its case, and the trial court relied thereon in entering the order for a temporary injunction, on the basis that the picketing violated § 23-1322 A.R.S. Plaintiff’s counsel stated to the trial court:

“ * * * The statute clearly says it shall be illegal to picket an establishment where less than a majority of the employees are engaged in a labor dispute, and that such picketing may be enjoined. That is the issue of this-. law suit. * * * ”

Since the entry of the order we recently held this section unconstitutional as abridging the right of freedom of speech insured' under the Fourteenth Amendment of the-Constitution of the United States. Baldwin v. Arizona Flame Restaurant, 82 Ariz. 385, 313 P.2d 759.

Also, since the entry of the order for a-temporary injunction, the Supreme Court, of the United States again considered the-limits imposed by the Fourteenth Amendment on the power of a state to enjoin picketing. International Brotherhood of Teamsters, etc., v. Vogt, 354 U.S. 284, 77 S.Ct. 1166, 1 L.Ed.2d 1347. The court reviewed a series of cases which established a broad field in which a state, in enforcing some public policy, whether of its criminal or its civil law, and whether announced by its legislature or its courts, could constitutionally enjoin peaceful picketing aimed at preventing effectuation of that policy.

In Hughes v. Superior Court of State of California, etc., 339 U.S. 460, 70 S.Ct. 718, 94 L.Ed. 985, the Supreme Court held that the Fourteenth Amendment did not bar use of the injunction to prohibit picketing of a place of business solely to secure compliance with a demand that its employees be hired in percentage to the racial origin of its customers.

[123]*123In International Brotherhood v. Hanke, 339 U.S. 470, 70 S.Ct. 773, 94 L.Ed. 995, 13 A.L.R.2d 631, the court held that a state was not restrained by the Fourteenth Amendment from enjoining picketing of a “business conducted by the owner himself without employees, in order to secure compliance with a demand to become a union :shop.

Building Service Employees International Union v. Gazzam, 339 U.S. 532, 70 S.Ct. 784, 94 L.Ed. 1045, was decided the same •day as the Hanke case. Following an unsuccessful attempt at unionization of a small hotel and the refusal by the owner to •sign a contract with the union as bargaining agent, the union began to picket the hotel with signs stating that the owner was unfair to organized labor. The court found the object of the picketing was in violation of its statutory policy against employer coercion of employees’ choice of bargaining representative and enjoined picketing for such purpose. The Supreme Court affirmed and rejected the argument that A. F. of L. v. Swing, 312 U.S. 321, 61 S.Ct. 568, 85 L.Ed. 855, was controlling. In the Swing case the Supreme Court struck down the state’s restraint of picketing based solely on the absence of an employer-employee relationship.

The problem involved in Local Union No. 10, A. F. L. v. Graham, 345 U.S. 192, 73 S.Ct. 585, 97 L.Ed. 946, is closely analogous to the instant case as it involved the State of Virginia’s right to work law, but there the court found there was evidence in the record supporting a conclusion that a substantial purpose of the picketing was to put pressure on the general contractor to eliminate nonunion men from the job.

The decision of this court in the Arizona Flame Restaurant case is in complete accord with the foregoing decisions and with the recent Vogt case. There we held the testimony of the union secretary, to the effect that he intended to continue the picket line until a satisfactory settlement of the reinstatement matter was achieved, violated the declared policy of the right to work statute; hence, the injunctional prohibition against picketing was supported by evidence of the unlawful purpose.

The declared policy of Arizona has been expressed by the legislature, the people by referendum, and by this court. Chapter 8, A.R.S. § 23-1301 et seq.; Baldwin v. Arizona Flame Restaurant, supra. Section 23-1302, A.R.S., of the right to work statute, provides:

“No person shall be denied the opportunity to obtain or retain employment because of nonmembership in a labor organization, nor shall the state or any subdivision thereof, or any corporation, individual, or association of any kind enter into an agreement, written or oral, which excludes a person from employment or continuation of [124]*124employment because of nonmembership in a labor organization.”

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Bluebook (online)
324 P.2d 1002, 84 Ariz. 120, 1958 Ariz. LEXIS 194, 42 L.R.R.M. (BNA) 2116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-brotherhood-of-carpenters-joiners-of-america-local-no-857-ariz-1958.