Painters & Paperhangers Local Union No. 1018 v. Rountree Corp.

72 S.E.2d 402, 194 Va. 148, 1952 Va. LEXIS 216, 30 L.R.R.M. (BNA) 2621
CourtSupreme Court of Virginia
DecidedSeptember 10, 1952
DocketRecord No. 3972
StatusPublished
Cited by7 cases

This text of 72 S.E.2d 402 (Painters & Paperhangers Local Union No. 1018 v. Rountree Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Painters & Paperhangers Local Union No. 1018 v. Rountree Corp., 72 S.E.2d 402, 194 Va. 148, 1952 Va. LEXIS 216, 30 L.R.R.M. (BNA) 2621 (Va. 1952).

Opinion

Buchanan, J.,

delivered the opinion of the court.

Rountree Corporation and Eanes Building Corporation, complainants below, filed their bill for an injunction to restrain the union and its agents, defendants below, from picketing the complainants ’ premises. The trial court refused to award the injunction, but upon presentation of the bill and defendants’ answer to two justices of this court (Code 1950, § 8-618) a temporary injunction was granted on the ground that the picketing was being carried on for an unlawful purpose. Afterwards depositions were taken and a decree was entered by the trial court holding that the picketing was unlawful and that the plaintiffs were entitled to such damages as they might show they had sustained on account thereof. Later a jury, empanelled to assess the damages, returned a verdict in favor of Rountree Corporation for $1,587.18 upon which judgment was entered and this appeal followed.

The defendants make eleven assignments of error but they present only these two issues: (1) Whether the picketing, which was concededly peaceful, was for an unlawful purpose and therefore properly enjoined; (2) if so, whether the damages allowed were adequately proved.

There is little dispute about the facts. Eanes Corporation owned premises 111-115 West Broad street, in Richmond, in which Rountree Corporation, its lessee, conducted a retail furni[150]*150ture business. These premises were badly damaged by fire on November 12, 1948. Beconstruction and repairs were made and during their progress business operations were conducted in part and it was planned to reopen on a complete Basis on May 10, 1949. When the picketing began on April 21, only painting and- electrical work remained to be done.

The painting work had been let to O. A. Walker, who employed union labor and who began work the latter part of March, 1949. On April 8 Walker’s painters left the job and did not come back. The next day Eanes, president of the complainant companies, was informed that they were on strike. He then called Wilton B. Dickerson, inquired whether he operated a nonunion shop, and on being advised that he did, Eanes engaged him to finish the painting. Dickerson began work on April 17 and there was no interference with his work after he took over the job.

In the meantime, the defendant.Bevnolds, business agent for the union, had written a letter to Eanes, dated March 31, 1949, stating:

“We have been informed that your company js anticipating doing some painting and decorating. It would be greatly appreciated if you would consider using Union labor. My telephone number is 2-6837 and I will be glad to render any service possible.”

On April 21, 1949, four days after Dickerson and his men began work, the union began picketing in front of the Bountree premises. This picketing consisted of one picket at a time, the defendant Bowe being one of them, walking back and forth on the sidewalk in front of the store, carrying a sign reading: “This painting is unfair to the Painters and Paperhangers Local Union No. 1018, A. F. of L., member of Bichmond Trades and Labor Council.”

This picketing continued until May 6, 1949, when it was enjoined as stated. Admittedly it was orderly and peaceful at all times and in all respects. It did not obstruct entrance into or exit from the store or the use of the street and no effort was made to impede customers. No attempt was made to have Dickerson sign a union contract, nor to induce the painters to become members of the union, nor to interfere with their con-tinning to work.

[151]*151For about two days after tbe picket line was established no electricians appeared on tbe job. Tbe electrical contractor informed Eanes that bis men were not permitted to cross tbe picket line. Tbe contractor testified that after two days be got another crew of union men who crossed tbe picket line and resumed tbe work. He estimated tbe picket line caused a delay of ten days in tbe electrical work, including two days when be bad two men, three days in acquainting tbe new men with tbe work already done and five additional days of work with a short crew.

There was testimony for tbe complainants to tbe effect that a delay of 30 days was experienced in completing tbe repairs and fully opening for business, of which ten days were chargeable to tbe defendants as a result of tbe picket line.

Prior to tbe picketing tbe complainants bad never been engaged in any controversy with tbe union or its members; and likewise there was no controversy between tbe painting contractor or tbe electrical contractor and their employees, and no demand of any kind bad been made on tbe complainants by tbe union. Tbe only communication between tbe union and tbe complainants was tbe letter of March 31, above quoted.

Reynolds, tbe business agent of tbe union, testified that tbe purpose of tbe picketing was “To let tbe friends of organized labor and tbe sixteen thousand members that we have here in Richmond and vicinity know who is fair and unfair to us. ’ ’ On cross-examination be was asked what be wanted to accomplish by tbe picketing, and he said, “I wanted them sixteen thousand Union boys and ladies, and tbe sympathizers of organized labor in tbe city of Richmond and vicinity, to know that that painting was being done non-union.

In their answer to tbe bill, tbe defendants said they desired to unionize tbe non-union painting contractor and that tbe picketing bad a twofold let friends of tbe union know that a non-union contractor was doing tbe work and to let members of tbe Richmond Building Trades Council and all organized labor of tbe vicinity know that fact.

In a written motion to dissolve tbe temporay injunction tbe defendants stated: “Tbe purpose of tbe said peaceful picketing at all times has been to inform tbe public that non-union painters were being employed to do tbe painting on tbe com[152]*152plainants’ premises to the end that plaintiff’s employees or some of them may be unionized, that is, they or some of them become members of defendant union.”

The complainants contend that communication was not the sole purpose of the picketing but that the true purpose was to compel complainants to get rid of the non-union painters, employees of Dickerson, an independent contractor, or to compel those employees to join the union as a condition of continued employment. Such purpose it is argued was unlawful and hence the picketing was properly enjoined under the doctrine of Giboney v. Empire Storage, etc., Co., 336 U. S. 490, 69 S. Ct. 684, 93 L. ed. 834, and similar cases.

In Edwards v. Commonwealth, 191 Va. 272, 60 S. E. (2d) 916, we reviewed the picketing cases decided by the United States Supreme Court beginning with Thornhill v. Alabama, 310 U. S. 88, 60 S. Ct. 736, 84 L. ed. 1093, and including the Giboney Case, as well as the three cases decided in May, 1950. We concluded from that review that the holding in the Thornhill Case

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Bluebook (online)
72 S.E.2d 402, 194 Va. 148, 1952 Va. LEXIS 216, 30 L.R.R.M. (BNA) 2621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/painters-paperhangers-local-union-no-1018-v-rountree-corp-va-1952.