Kenmike Theatre, Inc. v. Moving Picture Operators, Local 304

90 A.2d 881, 139 Conn. 95, 1952 Conn. LEXIS 165, 30 L.R.R.M. (BNA) 2372
CourtSupreme Court of Connecticut
DecidedJuly 8, 1952
StatusPublished
Cited by18 cases

This text of 90 A.2d 881 (Kenmike Theatre, Inc. v. Moving Picture Operators, Local 304) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kenmike Theatre, Inc. v. Moving Picture Operators, Local 304, 90 A.2d 881, 139 Conn. 95, 1952 Conn. LEXIS 165, 30 L.R.R.M. (BNA) 2372 (Colo. 1952).

Opinions

Jennings, J.

The question to be decided is whether the court had the power to enjoin peaceful picketing by the defendants of the plaintiff’s theater to force unionization of its employees. The facts found can be briefly stated. The plaintiff operates a neighborhood motion picture theater in Waferbury and employs seven persons. Two of them are projectionists. There has been no dispute between the plaintiff and its employees concerning hours, wages or conditions of employment. None of the employees are members of a union. The defendants are a union and its officers. They will be referred to as the union. It has contracts covering terms and conditions of employment with most of the theaters in the Waterbury area. The union demanded that the plaintiff enter into a contract requiring, among other things, that the plaintiff hire as projectionists only members of the union on terms prescribed by it and that the two projectionists employed at the theater become members of the union or lose their employment. When the plaintiff refused to enter into such a contract the union caused the plaintiff’s theater to be peacefully picketed on July 22, 1950. The picketing continued to the date of trial, December 6 and 7, 1950. People have been annoyed and made uncomfortable thereby and have refused to patronize the plaintiff’s theater because of it. The defendants did not pursue in their brief their attack on the finding. There was no reason for printing the evidence.

[97]*97On these facts the court concluded that no labor dispute existed between the plaintiff and the union within the meaning of General Statutes, § 7409, that the plaintiff suffered and will suffer irreparable loss from the picketing and its continuance, that compliance by the plaintiff with the union’s demands would violate the rights of the plaintiff’s employees under the laws of the state, that the picketing was unlawful and that the plaintiff was entitled to injunctive relief. The union claims that these conclusions are not supported by the subordinate facts. It claims further that the picketing was within the constitutional provisions protecting the right of free speech and dissemination of information. U. S. Const. Amend. XIY § 1 (due process); Conn. Const. Art. 1 §§ 5, 6.

The only relevant Connecticut statutory limitation on the jurisdiction of the court to issue the injunction is contained in the so-called “Little NorrisLaGuardia Act,” General Statutes, chapter 372. Our Labor Relations Act, chapter 370, must also be considered in this connection. Section 7391 guarantees to employees the right of self organization free from actual interference, restraint or coercion by employers. Section 7392 outlines unfair labor practices on the part of employers and in subsection 10 specifically prohibits acts which restrain, coerce or interfere with employees in the exercise of their rights of self organization as they are set forth in § 7391. Section 7411 provides: “No court shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, as defined in section 7408, except after hearing . . . and except after a finding of facts by the court, to the effect: (a) That unlawful acts have been threatened and will be committed by a person or [98]*98persons .unless such person or persons be restrained therefrom . . .; (b) that substantial and irreparable injury to the complainant or his property will follow; (c) that as to each item of relief granted greater injury would be inflicted upon the complainant by the denial of relief than would be inflicted upon the defendants by the granting of relief; and (d) that the complainant has no adequate remedy at law.” The court did not make a finding eo nomine under this statute because it held that a labor dispute was not involved. If we assume without deciding that a labor dispute was involved, the substance of these findings must, of course, be of record if the issuance of the injunction is to be upheld. The findings required by subsections (a), (b) and (d) are contained in either the memorandum of decision or the finding, or both. A conclusion satisfying the requirements of subsection (c) follows necessarily from the other facts found. Subsections (b), (e) and (d) are ultimate conclusions of fact. Whether the acts complained of are unlawful is a conclusion of law.

The court found that the purpose of the picketing was to force the plaintiff to employ only union members. It was thus an attempt to force the plaintiff to violate the statute ensuring to its employees freedom from interference by their employer. § 7391. Loew’s Enterprises, Inc. v. International Alliance of Theatrical Stage Employees, 125 Conn. 391, 395, 6 A.2d 321, held that even peaceful picketing may be unlawful if it is for an unlawful purpose. The following cases from other states having similar anti-injunctive legislation hold that picketing to force employers who have no dispute with their employees to require the latter to join the picketing union is unlawful and may be enjoined. Roth v. Local Union of Retail Clerks Union, 216 Ind. 363, 371, 24 N.E.2d [99]*99280; Town House Inc. of Boston v. Hurley, 325 Mass. 621, 625, 91 N.E.2d 758; Silkworth v. Local 575, 309 Mich. 746, 753, 16 N.W.2d 145 (no statute involved); Goodwins, Inc. v. Hagedorn, 303 N.Y. 300, 305, 101 N.E.2d 697, aff’d, 303 N.Y. 673, 102 N.E.2d 833; Wortex Mills, Inc. v. Textile Workers Union, 369 Pa. 359, 367, 85 A.2d 851; see Wilbank v. Chester & Delaware Counties Bartenders Union, 360 Pa. 48, 52, 60 A.2d 21; 1 Teller, Labor Disputes & Collective Bargaining, § 210; 2 id. § 279; note, 127 A.L.R. 873.

G-eneral Statutes, § 7392 (5) permits closed shop agreements. Such agreements can only be negotiated, however, when “such labor organization is the representative of employees as provided in section 7393.” As has been stated, the plaintiff’s employees were members of no union. This section does not apply.

Many apposite quotations are available from the cases cited. The following is typical. It is taken from Safeway Stores, Inc. v. Retail Clerks’ Union, 184 Wash. 322, 338, 51 P.2d 372, and is quoted with approval in Gazzam v. Building Service Employees International Union, 29 Wash. 2d 488, 497, 188 P.2d 97, 11 A.L.R.2d 1330, and note, 1338, 1340. “The vital, controlling question at issue here is plain and easy of solution. It in no way pertains to the relations between the appellant, a merchant, and its employees. For aught that appears, they are content and satisfied, among themselves.

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

Related

Cicco v. Stockmaster
2000 Ohio 434 (Ohio Supreme Court, 2000)
Local 998 v. Town of Stratford, No. Cv92-295811 (Jul. 17, 1992)
1992 Conn. Super. Ct. 5657 (Connecticut Superior Court, 1992)
State v. Hawkins
294 A.2d 584 (Supreme Court of Connecticut, 1972)
State v. Mogulnicki
270 A.2d 96 (Connecticut Appellate Court, 1970)
State v. Krozel
190 A.2d 61 (Connecticut Superior Court, 1963)
State v. Krozel
1 Conn. Cir. Ct. 549 (Connecticut Appellate Court, 1963)
Devine Bros. v. Intl. Brotherhood of Teamsters
154 A.2d 193 (Connecticut Superior Court, 1959)
Devine Brothers, Inc. v. International Brotherhood of Teamsters
21 Conn. Supp. 252 (Pennsylvania Court of Common Pleas, 1959)
North Eastern Theatres, Inc. v. Motion Picture Operators Local 479
134 A.2d 639 (Connecticut Superior Court, 1957)
Beckert v. Administrator
119 A.2d 122 (Connecticut Superior Court, 1955)
Bartlett v. Administrator
115 A.2d 671 (Supreme Court of Connecticut, 1955)
Kenmike Theatre, Inc. v. Moving Picture Operators, Local 304
90 A.2d 881 (Supreme Court of Connecticut, 1952)

Cite This Page — Counsel Stack

Bluebook (online)
90 A.2d 881, 139 Conn. 95, 1952 Conn. LEXIS 165, 30 L.R.R.M. (BNA) 2372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenmike-theatre-inc-v-moving-picture-operators-local-304-conn-1952.