Local Union No. 519 v. Robertson

44 So. 2d 899, 25 L.R.R.M. (BNA) 2494, 1950 Fla. LEXIS 1320
CourtSupreme Court of Florida
DecidedMarch 3, 1950
StatusPublished
Cited by23 cases

This text of 44 So. 2d 899 (Local Union No. 519 v. Robertson) 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
Local Union No. 519 v. Robertson, 44 So. 2d 899, 25 L.R.R.M. (BNA) 2494, 1950 Fla. LEXIS 1320 (Fla. 1950).

Opinion

44 So.2d 899 (1950)

LOCAL UNION NO. 519 OF UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF PLUMBING AND PIPEFITTING INDUSTRY OF UNITED STATES AND CANADA,
v.
ROBERTSON.

Supreme Court of Florida, Division B.

March 3, 1950.

*900 Robert H. Givens, Jr., Miami, for appellant.

Jack Kehoe, Miami, for appellee.

SEBRING, Justice.

The defendant below has appealed from a final decree rendered on bill and answer.

The facts of the case as shown by the bill and answer are simple:

The plaintiff is a plumbing and heating contractor whose business activities are carried on in Dade County, Florida. The defendant is a local union with headquarters at Miami. The plaintiff has refused to enter into an exclusive closed shop contract with the defendant under the terms of which the plaintiff will employ as plumbing mechanics only persons who are members of the local union.

In April 1949 the plaintiff was engaged in installing the plumbing equipment and fixtures in two buildings under construction in the same block in Miami, Florida. The plumbing mechanics working for him on the job were non-union men who had been employed to work under terms and conditions, and were receiving wages, comparable to those enjoyed by union mechanics in the area.

On April 1, 1949 the defendant union began picketing the premises with members of the union who paraded up and down in front of the premises carrying umbrellas, signs and placards on which were inscribed, "Unfair to Plumbers L.U. 519."

The answer admits that the only disagreement between the defendant and the plaintiff arises out of the latter's refusal to sign a closed shop contract with the defendant and that the defendant is picketing the premises solely because of plaintiff's refusal to enter into the contract. The answer avers that the picketing is being conducted in a peaceful, peaceable, reasonable manner and not "en masse" or so as to occasion "imminent or aggravated danger"; that the men engaged in picketing are not accosting the plaintiff's employees or other persons; that they are not blocking the entrances or exits of the jobs in question and are not resorting to any form of coercion, force, violence, intimidation or threats.

Upon the pleadings disclosing the foregoing facts the plaintiff moved for a decree on bill and answer under section 40 of the 1931 Chancery Act, which authorizes the entry of a final decree on the pleadings where the bill contains equity and the answer is insufficient as a defense and is not amendable. See Section 63.40, Florida Statutes 1941, F.S.A. As grounds for the motion the plaintiff assigned in the court below and argues here, (1) that under the conceded facts the exclusive closed shop contract proposed by the defendant was illegal under Chapters 481 and 542, Florida Statutes 1941, F.S.A., and was violative of Paragraph 12, Declaration of Rights, Constitution of Florida, F.S.A.; (2) that if he should enter into such an agreement he would become party to a contract against the settled public policy of the State and one which would subject him to civil and criminal penalties in the event he attempted to abide by it; (3) that inasmuch as the admitted facts clearly disclosed that the picket line established by the defendant was "against the property of another and not against nor upon the property whereon is located and established the plaintiff's place of business," the picket line was being maintained in violation of the laws of Florida; (4) that because of the foregoing facts, the picketing *901 being conducted by the defendant was for an unlawful object and hence was enjoinable.

In opposition to the motion the defendant maintained in the court below, and assigns here as the reason for the reversal of the decree, that the proposed contract was not violative of the law of Florida and hence that the picketing, although admittedly conducted for the sole purpose of compelling the plaintiff to execute the contract, was not for an unlawful purpose but was a lawful exercise of the right of freedom of speech guaranteed by the Federal and State Constitutions.

After a full hearing on the motion the chancellor entered the decree appealed from permanently enjoining the defendant, its agents, servants, officers and members "from maintaining a picket line or picketing on any work being done by the plaintiff at any point within the County of Dade and State of Florida" and ordering the defendant "to forthwith remove said picket line and picketing from the premises described in the plaintiff's bill of complaint, to-wit: 3451 Southwest 10th Street, Miami, Florida, and 3450 Southwest 9th Terrace, Miami, Florida."

The ultimate question on the appeal is whether the constitutional guarantees of freedom of speech are denied the defendant union by an injunction which prohibits peaceful picketing by its members for the sole purpose of compelling an employer to enter into an exclusive closed shop agreement with the union, where no dispute relating to wages, hours or conditions of labor exists between the employer and his non-union employees, and where no such dispute, or employer-employee relationship, exists between the members of the union and the employer.

Section 12 of the Declaration of Rights, Constitution of Florida, as amended in November 1944, F.S.A., declares, among other things: "The right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union, or labor organization; provided, that this clause shall not be construed to deny or abridge the right of employees by and through a labor organization or labor union to bargain collectively with their employer."

Chapter 21968, Laws of Florida 1943, enacted in furtherance of what we think was the general objective of amended section 12 of the Declaration of Rights, provides, in part:

"Section 1. Because of the activities of labor unions affecting the economic conditions of the country and the State, entering as they do into practically every business and industrial enterprise, it is the sense of the Legislature that such organizations affect the public interest and are charged with a public use. The working man, unionist or non-unionist, must be protected. The right to work is the right to live.

"It is here now declared to be the policy of the State, in the exercise of its sovereign constitutional police power, to regulate the activities and affairs of labor unions, their officers, agents, organizers, and other representatives, in the manner, and to the extent hereafter set forth." See Section 481.01, Florida Statutes 1941, F.S.A.

"Section 3. Employees shall have the right to self-organization to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection." See Section 481.03, Florida Statutes 1941, F.S.A.

"Section 9. It shall be unlawful for any person: * * * (11) To coerce or intimidate any employee in the enjoyment of his legal rights, including those guaranteed in Section 3 of this Act [§ 481.03] or * * * (12) To picket beyond the area of the industry within which a labor dispute arises." See Section 481.09, Florida Statutes 1941, F.S.A.

"Section 14. Any person or labor organization who shall violate any of the provisions of this Act, shall, upon conviction thereof, be adjudged guilty of a misdemeanor and be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not to exceed six months, or by both such fine *902

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Bluebook (online)
44 So. 2d 899, 25 L.R.R.M. (BNA) 2494, 1950 Fla. LEXIS 1320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/local-union-no-519-v-robertson-fla-1950.