Phar-Mor, Inc. v. United Food & Commercial Workers Union Local 1776

660 A.2d 583, 541 Pa. 49, 1995 Pa. LEXIS 469
CourtSupreme Court of Pennsylvania
DecidedJune 20, 1995
StatusPublished
Cited by6 cases

This text of 660 A.2d 583 (Phar-Mor, Inc. v. United Food & Commercial Workers Union Local 1776) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phar-Mor, Inc. v. United Food & Commercial Workers Union Local 1776, 660 A.2d 583, 541 Pa. 49, 1995 Pa. LEXIS 469 (Pa. 1995).

Opinion

OPINION IN SUPPORT OF AFFIRMANCE

ZAPPALA, Justice.

Phar-Mor, Inc. failed to establish any of the prerequisites under the Labor Anti-Injunction Act, 43 P.S. § 206a et seq., necessary to grant injunctive relief. The record in this case demonstrates that Phar-Mor sought to enjoin nothing more than peaceable leafletting and brief contacts with its employees by union agents. The trial court properly found that the union’s activities did not fall within the narrowly circumscribed exceptions in § 206 under which injunctive relief may be granted.

The Labor Anti-Injunction Act deprives the courts of this Commonwealth of jurisdiction to issue any restraining order or temporary or permanent injunction in labor disputes except in strict conformity with its provisions. 43 P.S. § 206d. No restraining order or injunction may be issued contrary to the stated public policy of the Act, which is declared as follows:

Under prevailing economic conditions developed with the aid of governmental authority for owners of property to organize in the corporate and other forms of ownership association, the individual unorganized worker is commonly helpless to exercise actual liberty of contract and to protect his freedom of labor, and thereby to obtain acceptable terms and conditions of employment, wherefore, though he should be free to decline to associate with his fellows, it is necessary that he have full freedom of association, self-organization, and designation of representatives of his own choosing to negotiate the terms and conditions of his employment, and that he shall be free from the interference, restraint or coercion of employers of labor or their agents in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.

43 P.S. § 206b.

In furtherance of this stated policy, the Act provides that no court shall issue any restraining order or temporary or permanent injunction except under extremely limited circumstances. 43 P.S. § 206i. To issue a restraining order or grant injunctive relief, a court must conduct a hearing upon a complaint made upon oath and make findings of fact that each of the following prerequisites have been established:

(1) unlawful acts have been threatened and will be committed unless restrained, or have been committed and will be continued unless restrained;
(2) that substantial and irreparable injury to complainant’s property will follow unless the relief requested is granted;
(3) that greater injury will be inflicted upon complainant by the denial of relief than will be inflicted upon defendants by granting of relief;
(4) the complainant has no adequate remedy of law; and
(5) that public officers charged with the duty to protect complainant’s property are unable to furnish adequate protection.

43 P.S. § 206i(a), (b), (c), (e), (f).

In this ease, the parties agreed to waive an evidentiary hearing and submitted the matter to the trial court on the basis of the facts alleged in the complaint. The union agreed to accept the factual averments in the complaint as true solely for purposes of the court’s decision on Phar-Mor’s request for a preliminary injunction, with certain exceptions relating to the extent of damages claimed by Phar-Mor. The parties agreed that the union would file preliminary objections to the complaint on the grounds that the grant of an injunction was prescribed by the Labor Anti-Injunction Act.

Phar-Mor’s complaint addressed instances of union activity at two separate locations and attached the affidavits of the store managers from each location. On July 3, 1990, the United Food and Commercial Workers Union Local 1776 began distributing litera[585]*585ture and soliciting employees at Phar-Mor’s location on Franklin Mills Circle in Philadelphia, Pennsylvania, identified as Store No. 164. The union appeared at the store during working hours to solicit employees and to distribute literature on the sales floor and within non-public areas of the facility. The union organizers and agents subsequently appeared at Store No. 164 on three separate occasions on August 7, 1990, on October 8, 1990, and on November 14, 1990. Six organizers distributed literature on October 8, 1990; eight organizers were present on November 14, 1990.

The affidavit of Bill Vincent, Store No. 164’s manager, provided additional details of the union organizers’ activities on those occasions. Vincent stated that on July 3, 1990, the organizers distributed union materials and cards to employees throughout the store during work hours. On July 8, 1990, a store meeting was held at 6:80 p.m. for all store employees. One hour later, 12 vehicles pulled into the store parking lot. The individuals who were in the vehicles handed out union materials and cards to employees as they were leaving and also placed the materials on windshields of cars in the parking lot. Vincent informed the organizers of Phar-Mor’s No Distribution/No Solicitation policy and asked them to vacate the premises. He called mall security and the Philadelphia Police Department when they refused to leave. At that time most of the Phar-Mor employees had gone, leaving the organizers’ vehicles, three mall security chiefs, five Philadelphia police vehicles and one unmarked police vehicle parked in front of the store. This show of security and police force was the manager’s response to the mere presence of the union organizers and leafletting outside of the store. The organizers left.

On July 9, 1990, four union organizers entered the store. The store manager spoke with them about Phar-Mor’s policy and asked them to leave. After a brief discussion, Vincent asked one of the individuals to get out of the store. On August 7, 1990, the union organizers solicited the employees during work hours and distributed literature throughout the store. On September 24, 1990, a Phar-Mor employee who was not scheduled to work was found placing union literature into employee time card slots. She was informed that this was in violation of Phar-Mor’s policy and was asked to stop.

On October 8, 1990, six organizers attempted to distribute union flyers to employees during work hours. The literature was left scattered throughout the store. On November 14, 1990, approximately eight organizers entered the store and went in different directions to speak with employees who were on duty. They were escorted out of the building but attempted to return. The Civil Affairs Division of the Philadelphia Police Department was called, but the store received no response.

As to Phar-Mor’s Store No. 223 located at Great Northeast Plaza in Philadelphia, the complaint asserted only that the union has repeatedly entered the store to solicit employees and distribute literature. The literature was discovered by employees throughout the store, including shelf areas. The affidavit of Mike Moran, the manager, stated that the union appeared at the store on July 3, 1990. He indicated that organizers repeatedly attempted to enter the store after that to solicit employees and distribute literature. The affidavit failed to specify any dates other than July 3, 1990, or even the number of occasions on which the organizers appeared at the store.

Moran indicated that he informed the organizers of Phar-Mor’s policy and asked them to vacate the premises.

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Cite This Page — Counsel Stack

Bluebook (online)
660 A.2d 583, 541 Pa. 49, 1995 Pa. LEXIS 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phar-mor-inc-v-united-food-commercial-workers-union-local-1776-pa-1995.