Norris Grain Co. v. Seafarers' International Union of North America

46 N.W.2d 94, 232 Minn. 91, 1950 Minn. LEXIS 733, 26 L.R.R.M. (BNA) 2597
CourtSupreme Court of Minnesota
DecidedSeptember 29, 1950
Docket35,365
StatusPublished
Cited by29 cases

This text of 46 N.W.2d 94 (Norris Grain Co. v. Seafarers' International Union of North America) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Norris Grain Co. v. Seafarers' International Union of North America, 46 N.W.2d 94, 232 Minn. 91, 1950 Minn. LEXIS 733, 26 L.R.R.M. (BNA) 2597 (Mich. 1950).

Opinions

Knutson, Justice.

Petition for a writ of prohibition to restrain the district court of the eleventh judicial district and the judges thereof from enforcing a temporary restraining order theretofore issued or from holding a hearing on a citation for contempt for violation thereof or from holding a hearing on an order to show cause why a temporary injunction should not issue.

The restraining order under question was issued ex parte on the complaint and attached affidavits of plaintiff (respondent hére), and for the purpose of this decision the facts alleged therein are taken to be true. Plaintiff in the original action and respondent here, Norris Grain Company, which will hereinafter be referred to as respondent, is a corporation organized and existing under the laws of Illinois. It is engaged in the business of buying, selling, and storing grain and in the operation of its business owns and operates grain elevators situated on the water front of the harbor of the city of Duluth in this state, to and from which elevators grain is brought and removed by rail and water transportation. A substantial amount of such water transportation is carried on in vessels owned and operated by Upper Lakes and St. Lawrence Transportation Company, Ltd., a corporation organized and existing under the laws of the Dominion of Canada, which will hereinafter be referred to as the Canadian Company for brevity. One of defendants in the original action, Seafarers’ [93]*93International Union of North America, A.. F. L., Canadian District, is a trades union organized and operated under the laws of the Dominion of Canada and will hereinafter be referred to as the Canadian Union. Defendant Seafarers’ International Union of North America, A. F. L., Great Lakes District, is a trades union organized and operated in the Great Lakes district of the United States and will hereinafter be referred to as the Great Labes Union.

Defendant Harold C. Banks is special organizer in Canada of the Canadian Union. Defendant Einer Nordaas, who is agent of the Great Lakes Union in the city of Duluth and surrounding territory, is the relator here and will be so designated unless otherwise indicated.

In 1938, the Canadian Company entered into a collective agreement with the Canadian Seaman’s Union as bargaining representative of the company’s unlicensed employes. This agreement was renewed each year up to and including the year 1949. By its terms, it was to expire under the last renewal on April 13, 1950. This latter union had fallen into disrepute. The company, pursuant to the provisions of the contract, served notice that it desired to cancel the contract at the expiration thereof. Negotiations thereafter commenced under the Industrial Relations and Disputes Investigation Act of Canada continued until June 7, 1950.

During October 1949, defendant Harold C. Banks sought to have the Canadian Company enter into a contract with the Canadian Union, whereby it would become the bargaining representative for the company’s unlicensed employes. The company refused to do so, contending that it was bound to deal with the Canadian Seaman’s Union until the expiration of its contract and apparently also contended that the Canadian Union had no membership among the unlicensed employes of the Canadian Company. Action to make it impossible for the company to load or unload its vessels in the United States was thereupon threatened, [94]*94which demands and threats were later repeated. The Canadian Company has no dispute with its employes.

None of respondent’s employes are represented by either the Canadian Union or the Great Lakes Union or any of the defendants. No dispute exists between respondent and its employes, and the relationship with its employes is entirely amicable.

On August 1, 1950, the steamer Howard Shaw, owned and operated by the Canadian Company, pursuant to previous arrangements with respondent, docked at one of its elevators in Duluth to receive a cargo of grain intended for shipment to Canada and there to be transported abroad. The complaint then contains these allegations upon which decision must rest:

“That notwithstanding the fact that neither plaintiff nor any of its employees had any prior relations whatever with any of said defendants, said defendants unlawfully combined to cause plaintiff’s said premises to be picketed and persuasion used so that plaintiff’s employees and others who would normally engage in the operation of loading said vessel and operation of said elevator have, because of such picketing and persuasion used by defendants, ceased performing such services for plaintiff, and defendants by said unlawful acts have caused and will cause loss to plaintiff and its employees. That such unlawful acts are being done to induce or compel plaintiff to refrain from doing business with said Canadian Corporation because of said failure of agreement between sa/id Canadian Corporation and sand defendant Canadian Union.
“The plaintiff is informed and believes that defendants have likewise threatened to commit such unlawful acts in connection with other vessels of said Canadian Corporation as the .pame arrive in the future at plaintiff’s premises.” (Italics supplied.)

Upon application of respondent, based on its complaint and attached affidavits, the district court of the eleventh judicial district on August 1, 1950, issued an order to show cause return[95]*95able on August 7, 1950, why a temporary injunction should not be issued—

“Restraining and enjoining the above named defendants, or any of them, or any persons acting under them, from unlawfully combining to cause the premises of plaintiff described therein to be picketed in any way, and restraining and enjoining said persons from instructing, procuring, persuading or incite [sic] employees of plaintiff who normally work in said elevators, and others who normally engaged in the operation of loading or unloading any vessel docked at plaintiff’s elevators to refuse to enter said premises, or load or unload cargo onto or from such vessels,”

and its order, ex parte, restraining defendants from doing any of the acts for which the temporary injunction was sought pending a hearing on the motion for such temporary injunction. Defendants thereafter appeared specially requesting that the temporary restraining order be dismissed on the grounds that the court did not have jurisdiction over the subject matter involved. This application was denied upon condition that respondent post a $2,000 bond, which condition was later complied with by respondent. On August i, 1950, based upon an affidavit of respondent’s counsel setting forth that picketing had continued in violation of the court’s restraining order, the court issued its order to show cause why defendants “or any of them above named or any person or persons acting under them or their agents” should not answer to charges of contempt. On application of relator (Einer Nordaas), we issued our alternative writ of prohibition restraining the enforcement of said restraining order or from holding a hearing on the order to show cause why a temporary injunction should not issue or from holding a hearing upon the order to show cause why defendants should not answer for contempt.

The matter is here on the application of relator to make such writ absolute.

It is the contention of relator, first, that jurisdiction over the controversy here involved comes within the Labor Management [96]

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Bluebook (online)
46 N.W.2d 94, 232 Minn. 91, 1950 Minn. LEXIS 733, 26 L.R.R.M. (BNA) 2597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norris-grain-co-v-seafarers-international-union-of-north-america-minn-1950.