Morris v. Local Union No. 494 of the Amalgamated Meat Cutters

234 P.2d 543, 39 Wash. 2d 33, 1951 Wash. LEXIS 260, 28 L.R.R.M. (BNA) 2536
CourtWashington Supreme Court
DecidedJuly 27, 1951
Docket31346
StatusPublished
Cited by9 cases

This text of 234 P.2d 543 (Morris v. Local Union No. 494 of the Amalgamated Meat Cutters) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morris v. Local Union No. 494 of the Amalgamated Meat Cutters, 234 P.2d 543, 39 Wash. 2d 33, 1951 Wash. LEXIS 260, 28 L.R.R.M. (BNA) 2536 (Wash. 1951).

Opinions

Hill, J.

This is an appeal from a decree enjoining picketing.

Harlan Morris acquired a grocery store and meat market in Spokane in 1946. The market was operated separately [34]*34from the grocery store, although it occupied a portion of the same premises. When Morris took the market over, it was a union shop employing a union meat cutter. Morris changed the method of merchandising meat from that of the traditional butcher shop, with over-the-counter sales, to that of sales of packaged meats. The meat was wrapped in cellophane with the price marked on each package, and was placed in what is referred to as a “coolerator,” from which customers could make their own selections. At all times with which we are here concerned, Morris did not employ a meat cutter; he himself cut the meat.

Morris operated under an agreement with Local Union No. 494 of the Amalgamated Meat Cutters and Butcher Workmen of Spokane, Washington, and Vicinity, hereinafter called the union, until September 1, 1948. Prior to that date, he notified the union that he would not sign another contract on the same terms and conditions as the one under which he was then operating. Although there were some meetings and negotiations between Morris and the union, they apparently were foredoomed to failure, because the union would offer only one form of contract, insisting that all retail meat dealers must be governed by the same conditions, and Morris was insistent that, since he had no union employees, he would not agree to certain conditions in that contract.

In addition to Morris and his wife, who worked with him in the meat market, two girls had assisted-with the packaging of the meat until some five days before the picketing began. Thereafter, Morris and his wife did all the work and had no employees in the meat department.

Picketing began November 22, 1948, and was both peaceful and truthful, the placard of the pickets stating, “ ‘This meat dept, is not a Union market.’ ” The picketing resulted in the stopping of delivery of all supplies for resale. It was clear that, if continued, it would involve the closing of the Morris’s place of business, and that Morris had no plain, speedy, or adequate remedy at law. He sought and obtained a temporary injunction and, after a trial on the merits, the [35]*35injunction was made permanent. From that decree, this appeal is taken.

As found by the trial court, the facts which are essential to a determination of this appeal are as follows: (1) that Morris had no employees in his meat department who were members of the union, and that there was no dispute between Morris and any of his employees regarding wages, hours, terms, or conditions of employment; (2) that the union demanded that Morris sign a contract by the terms of which (a) either Morris or his wife must join and remain a member of the union, (b) Morris must recognize the union as the exclusive bargaining agency for any employees he may have in his meat department, and (c) Morris must retain in his employment only members in good standing of the union; (3) that by reason of the refusal by Morris to submit to the union’s demands, the union, for the sole purpose of compelling Morris to accept that contract, picketed his place of business. From these findings, the trial court concluded that the acts of the union were coercive and unlawful and contrary to the policy expressed in Rem. Rev. Stat. (Sup.), § 7612-2 [P.P.C. § 695-3], and that Morris was entitled to an injunction.

The union on this appeal urges: (1) that there was a labor dispute and that an injunction was prohibited by Rem. Rev. Stat. (Sup.), § 7612-1 et seq.; and (2) that in any event the injunction was a violation of the union’s right of free speech.

Appellants seek to distinguish the present case from those which have recently been decided in this court, such as Swenson v. Seattle Central Labor Council, 27 Wn. (2d) 193, 177 P. (2d) 873, 170 A. L. R. 1082; Gazzam v. Building Service Employees International Union, Local 262, 29 Wn. (2d) 488, 188 P. (2d) 97 (same case in the United States supreme court: Building Service Employees International Union, Local 262, v. Gazzam, 339 U. S. 532, 94 L. Ed. 1045, 70 S. Ct. 784); Hanke v. International Brotherhood of Teamsters, etc., Local 309, 33 Wn. (2d) 646, 207 P. (2d) 206 (same case in the United States supreme court: International Brother[36]*36hood of Teamsters, etc., Local 309, v. Hanke, 339 U. S. 470, 94 L. Ed. 995, 70 S. Ct. 773); Cline v. Automobile Drivers & Demonstrators Local Union No. 882, 33 Wn. (2d) 666, 207 P. (2d) 216 (considered with the Hanke case in the United States supreme court).

We have consistently held that there is no labor dispute within the purview of Rem. Rev. Stat. (Sup.), §§ 7612-1, 7612-13, where no member of the picketing union is employed by the person whose premises are picketed. See the Gazzam case, supra, where prior decisions are reviewed. Subsequent to the Gazzam case, see the Hanke and Cline cases, supra; Pacific Nav. & Trading, Inc., v. National Organization of Masters, etc., West Coast Local 90, 33 Wn. (2d) 675, 207 P. (2d) 221; Wright v. Teamsters’ Union Local No. 690, 33 Wn. (2d) 905, 207 P. (2d) 662.

Appellants seek to take this case out of the “no labor dispute” category by insisting that Morris bore such a relationship to the picketing union as to bring the case within the orbit of our holding in Wright v. Teamsters’ Union Local No. 690, supra, in which we held that there was a labor dispute and refused to enjoin the picketing. That Morris was not a member of the picketing local is conceded, but it appears that, until shortly before the picketing started, he held a “retiring card” issued by the international union of which the local is a member. This card stated that the person holding it

“. . . retires from this organization [the international] for the purpose of engaging in other business, or for other reasons in accord with the laws governing the International Union.”

The card evidenced the right of the person to whom it was issued to be “readmitted in any Local Union” of the international, under certain conditions.

It would seem that until one who has “retired” under such circumstances has deposited his retiring card and been “readmitted” to a local union, he is not a member of the international union. The secretary of the appellant local advised Morris that he was not considered a member. In [37]*37any event, Morris had his name withdrawn from the list of retired members prior to the time the picketing began. We agree with the trial court that Morris was not a member of the union, and that the Wright case, supra, is not controlling.

Appellants also urge that Morris had interfered when one of the girls who had been employed by him was about to sign an application for union membership. This was denied by Morris. The trial court did not accept the union’s version of the occurrence and refused to make a finding that there had been such interference.

Appellants have failed to distinguish the present case from those heretofore referred to in which it was held that there was no labor dispute when the person picketed had no employees who were members of the picketing union.

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Morris v. Local Union No. 494 of the Amalgamated Meat Cutters
234 P.2d 543 (Washington Supreme Court, 1951)

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Bluebook (online)
234 P.2d 543, 39 Wash. 2d 33, 1951 Wash. LEXIS 260, 28 L.R.R.M. (BNA) 2536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-local-union-no-494-of-the-amalgamated-meat-cutters-wash-1951.