Morrison v. United Optical Workers Union

19 Pa. D. & C.3d 674, 1981 Pa. Dist. & Cnty. Dec. LEXIS 423
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedNovember 6, 1981
Docketno. 4113 Equity of 1981
StatusPublished

This text of 19 Pa. D. & C.3d 674 (Morrison v. United Optical Workers Union) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morrison v. United Optical Workers Union, 19 Pa. D. & C.3d 674, 1981 Pa. Dist. & Cnty. Dec. LEXIS 423 (Pa. Super. Ct. 1981).

Opinion

CALDWELL, J.,

—Plaintiff, Dr. Robert J. Morrison, is a licensed optometrist who, along with others, maintains a practice under the name of Morrison Associates at Green and Division Streets in Harrisburg. Located in the basement of the same building is Morrison Laboratories, a corporation engaged in the manufacture of contact lenses.

Prior to 1968, plaintiff was the founder and majority stockholder of Morrison Laboratories. In June of that year he sold the business to the Union Corporation,1 which has owned and operated it since that time.

The employes of Morrison Laboratories were represented by the United Optical Workers Union (U.O.W.U.) Local 408, until July 1979 when the local was decertified as their exclusive bargaining agent.

Approximately three years ago, in 1978, the employes of Morrison Laboratories went on strike over a wage dispute with that entity, and began picketing which has continued to the present date. Defendants are picketing on the sidewalks around the building which houses both the laboratory and the optometry practice of Dr. Morrison. They also patrol the parking lot immediately adjacent to the building, despite the fact that the use of the lot is [676]*676limited to the patients and associates of Dr. Morrison.2

While so demonstrating defendants carry signs and distribute leaflets to the public. Both the signs and the leaflets explicitly represent that Dr. Morrison retains a controlling interest in the laboratory. The leaflets specifically request that members of the public support the union in its strike because Dr. Morrison has deprived his employes of a decent wage.

Additionally, defendants voiced their grievances in the Pennsylvania AFL-CIO Union newsletter, seeking the support of other labor unions.

It is undisputed that no outbreaks of violence have occurred in the three years the demonstrators have been picketing. However, on May 20, 1981, a mass demonstration was held with over 50 persons participating, many of whom were members of other unions who support defendants’ cause.

On June 2, 1981, plaintiff filed a complaint seeking to enjoin these activities which are occurring outside his professional offices. Morrison alleges that the signs and leaflets used by defendants contain material designed to deliberately mislead and confuse the public, and to cause the public to believe that plaintiff controls Morrison Laboratories and is treating its employes unfairly.3

[677]*677After a full evidentiary hearing on September 3, 1981, we have concluded that none of the defendants are employes of plaintiff or of Morrison Associates, nor do defendants represent or seek to represent plaintiff’s employes. Defendants nonetheless are directing their picketing against Dr. Morrison personally, because of their insistence that Dr. Morrison would be able, if he so elected, to accede to their demands concerning Morrison Laboratories. The evidence developed at the hearing proved beyond doubt, however, that Dr. Morrison does not own Morrison Laboratories, retains no interest in that business, and is not a party to any labor dispute.

The purpose of this proceeding is to prohibit and restrain defendants from picketing and maligning plaintiff, and to limit the places where defendants may picket Morrison Laboratories. Defendants filed prehminary objections in the form of a motion to dismiss, and we will dispose of those objections as well as the merits of plaintiff’s complaint.

Defendants’ first argument is that an injunction as to their activities would amount to a prior restraint on the right of free speech and infringe upon the freedom of expression, as guaranteed by both the United States and Pennsylvania Constitutions. It is axiomatic that our society places great value on the right of an individual to freely communicate his ideas. For that reason the courts have imposed a heavy presumption against the constitutional validity of any prior restraint on speech: N.Y. Times Co. v. United States, 403 U.S. 713, 91 S.Ct. 2140, 29 L.Ed. 2d 822 (1971); Organization for a Better Austin v. Keefe, 402 U.S. 415, 91 S.Ct. 1575, 29 L.Ed. 2d 1 (1971).

As a mode of free expression, picketing has been granted broad but not unlimited constitutional protection. Peaceful picketing, as in the instant case, [678]*678cannot be enjoined merely because there is no immediate employer-employe dispute or because those who are picketing are not employes of or are strangers to the employer: A.F. of L. v. Swing, 312 U.S. 321, 61 S.Ct. 568, 85 L.Ed. 855 (1941). However it is more than clear that freedom of speech can be abused when the underlying labor objective is illegal, and under such circumstances even peaceful picketing may be properly enjoined. In Hughes v. Superior Ct. of Calif., 339 U.S. 460, 465-66, 70 S.Ct. 718, 94 L.Ed. 985 (1950), the court enjoined peaceful picketing stating:

“It has been amply recognized that picketing, not being the equivalent of [free] speech as a matter of fact, is notits inevitable legal equivalent. Picketing is not beyond the control of a State if the manner in which picketing is conducted or the purpose which it seeks to effectuate gives ground for its disallowance.” (Emphasis supplied.) See also Wortex Mills, Inc. v. Textile Workers Union of America, 369 Pa. 359, 85 A. 2d 851 (1952).

In assessing the constitutionality of an injunction against picketing “[t]he controlling question is whether the picketing which was prohibited was for an unlawful purpose. If the purpose was unlawful the case presented was within the general equity jurisdiction of the court. . . . An injunction restraining unlawful picketing is not an infringement of the constitutional guaranty of free speech.” Wilbank v. Chester & Delaware Counties Bartenders etc. Union, 360 Pa. 48, 50, 60 A. 2d 21, 22 (1948).

Recently, in Rouse Philadelphia Inc. v. Ad Hoc ’78, 274 Pa. Superior Ct. 54, 417 A. 2d 1248 (1979), the Pennsylvania appellate court upheld a preliminary injunction against a defendant appealing from a civil contempt fine. There, defendant and a [679]*679group of individuals ranging in number from 5000 to 37 massed on several days at locations in and around entrances to a shopping mall in downtown Philadelphia known as The Gallery and also at Gimbels Department Store located nearby. Ingress and egress to both places was rendered difficult, and at times impossible. The demonstrators continued to protest despite a prehminary injunction forbidding their activities.

At the several hearings held on the matter evidence was presented that, among other things proved:

“[T]he demonstrators shouted and chanted so loudly that normal conversation was impossible anywhere in the vicinity; . . . that a group of the demonstrators sat down and sprawled in the walkways of The Gallery and in the ‘Market Fair’ area of the mall. .

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Related

American Federation of Labor v. Swing
312 U.S. 321 (Supreme Court, 1941)
Organization for a Better Austin v. Keefe
402 U.S. 415 (Supreme Court, 1971)
New York Times Co. v. United States
403 U.S. 713 (Supreme Court, 1971)
Bright v. PBGH. MUSICAL SOC.
108 A.2d 810 (Supreme Court of Pennsylvania, 1954)
Rouse Philadelphia Inc. v. Ad Hoc '78
417 A.2d 1248 (Superior Court of Pennsylvania, 1979)
Baltimore Life Insurance v. Gleisner
51 A. 1024 (Supreme Court of Pennsylvania, 1902)
Wortex Mills, Inc. v. Textile Workers Union of America
85 A.2d 851 (Supreme Court of Pennsylvania, 1952)

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Bluebook (online)
19 Pa. D. & C.3d 674, 1981 Pa. Dist. & Cnty. Dec. LEXIS 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morrison-v-united-optical-workers-union-pactcompldauphi-1981.