Local Union No. 10, United Ass'n of Journeymen Plumbers & Steamfitters v. Graham

97 L. Ed. 2d 946, 73 S. Ct. 585, 97 L. Ed. 946, 345 U.S. 192, 31 L.R.R.M. (BNA) 2444, 1953 U.S. LEXIS 2612, 68 Ohio Law. Abs. 269, 51 Ohio Op. 137
Supreme Court of the United States·Decided March 16, 1953·No. 86·Published·Cited by 98 cases

Opinions

[193] Mr. Justice Burton

delivered the opinion of the Court.

The basic question here is whether the Commonwealth of Virginia, consistently with the Constitution of the United States, may enjoin peaceful picketing when it is carried on for purposes in conflict with the Virginia Right to Work Statute.1 A question also before us is whether the record in this case justifies the finding, made below, that the picketing was for such purposes. We answer each in the affirmative.

A bill of complaint was filed September 25, 1950, in the Law and Equity Court of the City of Richmond, Virginia, by respondents, doing a general contracting [194] business there. They named as defendants Local Union No. 10, United Association of Journeymen Plumbers and Steamfitters of the United States and Canada of the American Federation of Labor, here called the Plumbers Union, three other local unions, the business agents of each of the unions and the Richmond Building & Construction Trades Council.2 The complaint alleged in substance that respondents had begun work under their contract with the City of Richmond to build the George Washington Carver School, that early completion of the school was urgent, that respondents had made contracts with all necessary subcontractors, that some of the subcontractors employed only union labor while others employed nonunion as well as union labor, that in July certain of the defendants had requested that all nonunion labor on the project be laid off and had said that, unless [195] that were done, “every effort would be made to prevent any union labor employed ... on that project from continuing work thereon,” that on September 25 certain of the defendants had picketed the project, carrying a sign reading “This Is Not a Union Job. Richmond Trades Council,” that, as a result of such picketing, union members on the job had refused to continue to work there and that, therefore, the project had “slowed to a standstill.” The complaint further alleged that the foregoing demands sought to induce respondents to take action which would subject them to criminal and civil liabilities under the Virginia Right to Work Statute and to break respondents’ contracts with such of their subcontractors as did not employ all union labor. Finally, it alleged that the objectives of defendants in making such demands and conducting such picketing were to prevent nonunion employees from working on the project. On the strength of such allegations, the trial court granted respondents the temporary injunction they sought and the picketing ceased. A motion to dissolve the injunction was denied, an answer was filed, depositions were taken and the temporary injunction was continued in effect until July 17, 1951. On that date, the trial court made the injunction permanent. The court rendered no opinion but included the following statement in its decree:

“ [I]t appearing to the Court that the picketing complained of was conducted and carried on by the defendants, except for those defendants hereinafter noted, and for aims, purposes and objectives in conflict with the provisions of the Right To Work laws of the State of Virginia and, therefore, illegal, that a permanent injunction is necessary to prevent irreparable harm and damage to the complainants, and that complainants have already been damaged to the [196] extent of One Hundred and Ninety ($190.00) Dollars, the Court doth so find; . . . .” (Emphasis supplied.)3

January 23, 1952, the Supreme Court of Appeals of Virginia, also without opinion, refused to hear an appeal but said in its order “the court being of opinion that the said decrees [of the trial court] are plainly right, doth reject said petition and refuse said appeal and super-sedeas, the effect of which is to affirm the decree of the said law and equity court.” Because of the importance of the issue in the practical administration of labor law, we granted certiorari. 344 U. S. 811. Respondents filed no brief here other than that in opposition to the petition for certiorari and submitted their case without oral argument.

A- few days before our grant of certiorari, the Supreme Court of Appeals of Virginia, in another case, reached a result which petitioners claim is in conflict with its judgment in the instant case. Painters & Paperhangers Local Union No. 1018 v. Rountree Corp., 194 Va. 148, 72 S. E. 2d 402. We find that decision helpful as upholding the constitutionality of the Right to Work Statute and interpreting its meaning, but we do not find it inconsistent with the result below. See also, Edwards v. Virginia, 191 Va. 272, 60 S. E. 2d 916; Finney v. Hawkins, 189 Va. 878, 54 S. E. 2d 872; American Federation of Labor v. American Sash Co., 335 U. S. 538; Lincoln Union v. Northwestern Co., 335 U. S. 525.

[197] In the Rountree case, 194 Va., at 154, 72 S. E. 2d, at 405, the highest court of Virginia holds that the Statute does not prohibit peaceful picketing “unless ... for an unlawful purpose.” It adds that “a purpose to compel the complainants to discharge the non-union painters or to compel the painters to join the union as a condition of their continued employment” would be an unlawful purpose, but it fails to find the existence of such a purpose. On the other hand, in the instant case, the same court states that the injunctive decrees of the trial court “are plainly right.” It thereby sustains the trial court’s finding that “the picketing complained of was . . . carried on by the defendants ... for aims, purposes and objectives in conflict with the provisions of the Right To Work laws of the State of Virginia . . . .” The Rountree case thus reflects an instance of picketing so conducted as not to be in violation of the Right to Work Statute, whereas the facts in the instant case reflect conduct that is in conflict with the provisions of that Statute. However innocent the picketing appeared while in progress, the Virginia courts found that it was combined with conduct and circumstances occurring before and during the picketing that demonstrated a purpose on the part of petitioners that was in conflict with the Right to Work Statute.

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Local Union No. 10, United Ass'n of Journeymen Plumbers & Steamfitters v. Graham, 97 L. Ed. 2d 946, 73 S. Ct. 585, 97 L. Ed. 946, 345 U.S. 192, 31 L.R.R.M. (BNA) 2444, 1953 U.S. LEXIS 2612, 68 Ohio Law. Abs. 269, 51 Ohio Op. 137 (U.S. 1953).

97 L. Ed. 2d 946 (Local Union No. 10, United Ass'n of Journeymen Plumbers & Steamfitters v. Graham) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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