Solvent MacHinery & Filter Systems, Inc. v. Teamsters Local No. 115

495 A.2d 579, 343 Pa. Super. 505, 1985 Pa. Super. LEXIS 8165

• Court: Supreme Court of Pennsylvania
• Decided: June 28, 1985
• Docket: 2966
• Status: Published

Opinions

DEL SOLE, Judge:

This is an appeal from an order of the Court of Common Pleas of Bucks County which issued a preliminary injunction on October 14, 1982 against Teamsters Local 115, and certain named union officials and defendant pickets unnamed in the order. The president and owner of Solvent Machinery and Filter Systems, Inc., Appellee, had announced on October 11, 1982 that the plant had been sold and would be closed immediately for the purpose of taking inventory. The following day, on October 12, 1982, a picket line was established by Appellants to protest the termination of their employment. The employer then sought an injunction in the Court of Common Pleas by filing a Complaint in Equity. On October 14, 1982, a hearing was held at which witnesses for both sides testified. The court issued an injunction from which order this appeal was taken. Appellants seek reversal of the order, and they seek damages for the losses incurred, legal costs and reasonable counsel fees, arguing that the trial court lacked the authority to issue the injunction under the Labor Anti-Injunction Act, 43 Pa.C.S.A. § 206a et seq.

The trial court found that the Labor Anti-Injunction Act did not apply under the circumstances of this case, citing § 206d(d) which provides that the Act does not apply in cases:

[w]here in the course of a labor dispute as herein defined, an employee, or employees acting in concert,, or a labor organization, or the members, officers, agents or representatives of a labor organization or anyone acting for such organization, seize, hold, damage, or destroy the plant, equipment, machinery, or other property of the employer with the intention of compelling the employer to accede to any demands, conditions, or terms of employment, or for collective bargaining.

43 Pa.C.S.A. § 206d(d).

Upon review of the record, we find that the trial court’s application of the law to the facts in this case is erroneous. The section of the statute quoted above requires that employees or their organization seize, hold, damage or destroy property with the intention of compelling the employer to accede to their demands [emphasis added]. In this case, there was no evidence that property was seized.¹ There was minimal evidence of property damage presented at the hearing, and no evidence that the defendants perpetrated the property damage. There was absolutely no evidence presented by either side which linked the property damage to an intention to compel the Appellee to do anything — in fact, the record does not reveal precisely what the Appellants’ demands were. We find therefore that this case is governed by the Labor Anti-Injunction Act.

We turn then to § 206i of the Act which sets forth the conditions under which an injunction may be issued. This section provides that an injunction may only be issued when the court finds:

(a) That unlawful acts have been threatened and will be committed unless restrained, or have been committed and will be continued unless restrained, but no temporary or permanent injunction or temporary restraining order shall be issued on account of any threat or unlawful act, excepting against the person or persons, association or organization, making the threat or committing the unlawful act, or actually authorizing or ratifying the same after actual knowledge thereof.

(b) That substantial and irreparable injury to complainant’s property will follow unless the relief requested is granted.

(c) That, as to each item of relief granted, greater injury will be inflicted upon complainant by the denial of relief than will be inflicted upon defendants by granting of relief.

(d) That no item of relief granted is relief which is prohibited under section six of this act.

(e) That complainant has no adequate remedy at law; and

(f) That the public officers charged with the duty to protect complainant’s property are unable to furnish adequate protection.

43 Pa.C.S.A. § 206i.

There was no evidence offered at the hearing that the public officers were unable to furnish adequate protection. Evidence was offered that the police were called and that they made a brief appearance on the scene. No testimony was offered to support the proposition that there were events taking place that were of such a magnitude that the local police could not handle the situation. No arrests were made. No patrol of the premises was established. We find therefore that the trial court lacked the statutory basis to issue the preliminary injunction.

Because we find that the court erred in issuing the injunction, we do not reach the Appellants’ arguments that the trial court’s order was unconstitutionally broad.

The statute provides that upon the denial of any injunc-tive relief sought in an action involving or growing out of a labor dispute, the court shall order the complainant to pay reasonable costs and expenses of defending the suit and a reasonable counsel fee. 43 Pa.C.S.A. § 206q. We reverse the order of the trial court and remand for proceedings consistent with the statute and this opinion.

Order reversed.

Case remanded for proceedings consistent with this opinion. Jurisdiction is relinquished.

SPAETH, President Judge, files a dissenting opinion.

1 . We disagree with the Dissent’s interpretation of testimony that some truck drivers refused to cross the picket line as evidence of “seizure”. To establish a picket line and to encourage the public to honor it is a lawful exercise of first amendment rights. We note that the employer and his staff took inventory on October 12 and 13, and were free to enter and leave the plant at will.