Turner v. Zanes

206 S.W.2d 144, 21 L.R.R.M. (BNA) 2526, 1947 Tex. App. LEXIS 1256, 1947 WL 55613
Court of Appeals of Texas·Decided October 17, 1947·No. No. 13832·Published·Cited by 10 cases

Opinion

YOUNG, Justice.

The appeal was from an order of injunction granted upon final hearing and following a labor dispute.

Plaintiffs below 'were Zanes Freight Agency, a copartnership composed of W. R. Zanes, Sr., W.‘ R. Zanes, Jr., and Grover Funderburk; Merchants Delivery, Inc., and Zanes-Ewalt Warehouse, a corporation. Zanes Freight Agency is engaged in the pickup and delivery of goods, wares and merchandise in the City of Dallas, having contracts with four railroads and written or verbal contracts with some twenty-four truck lines, whereby freight is picked up in their trucks and delivered to depots of truck lines and railroads for customers of all concerned; likewise picking up freight at railroad and truck line depots for delivery to various consignees, all of which service' is performed wholly within the City of Dallas. The business of Merchants Delivery, Inc., is the delivery of packages from local wholesale and retail merchants to their city customers, also handling pool car shipments for Acme Freight Company. Zanes-Ewalt Warehouse maintains and operates a city warehouse where commodities are stored and receipts issued therefor. Plaintiff concerns operate separately in the matter of business establishments, offices, books and employees, but are owned by ábove individuals.

Adverse parties herein are Local Union No. 745 and C. B. Kepke, successor to James B. Turner, individually, and as business agent of Local No. 745, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, all hereinafter styled labor defendants;- the twenty-four companies already mentioned being styled truck line defendants, operating freight lines into the City of Dallas, with common carrier permits issued by the Railroad Commission of Texas and the Interstate Commerce Commission.

A temporary injunction had heretofore issued, June 4, 1946, in suit filed the previous May 11th, in connection with the following antecedent facts: On February 21, 1946 an election had been held among employees of Zanes Freight Agency under National Labor Relations Board supervision to determine whether Local No. 745 should be designated as bargaining agent for certain of the company employees, to-wit: Drivers, their helpers, station men and mechanics; office and supervisory employees having been excluded from such election. Out of approximately sixty employees eligible to vote, thirty-nine cast valid votes, twenty-seven for the union and twelve against; and, as a result, on March 13, the Union was designated by NLRB to represent such employees for purpose of collective bargaining. Shortly thereafter business agent Turner of Local 745 presented to Zanes Freight Agency a contract which the Union desired to consummate between the Agency and employees of such company represented by it; Mr. Zanes, Sr., not accepting the contract but submitting a counter proposal, rejected by Turner who insisted that his form of contract and no other be signed. Principal difference between the parties was a pro[146] viso for the “union shop,” and no further negotiations were carried on. Turner then went to see some of Zanes freight employees, talking to between five and seven at Southern Pacific docks, Dallas, inquiring if they were still ready to strike; and on April 22, 1946 the Union put a picket line (no Zanes employees) at both the place of business of Zanes Freight Agency, 1500 South Preston, and in vicinity of the MKT Railway Freight Office, carrying placards worded “Zanes Freight Agency employees on strike. Truck Drivers Local No. 745 A. F. of L.”

Zanes Freight Agency also had pickup and delivery agreements with the following railroads: MK&T Railway Company of Texas, St. Louis & Southwestern Railway Company of Texas, T. & N. O. Railway Company, C. R. I. & G. Railway, F. W. & D. C. Railway and T. & P. Railway Company. Coincident with picketing, the following notices were sent generally to truck line defendants, railroads and others by Local 745, such notices being posted on company bulletin boards by Union stewards of the companies employing Local 745 members: “Office of the Secretary-Treasurer * * * Jas. B. Turner, Secretary-Treasurer Dallas General Drivers, Warehouse-men and Helpers Local Union No. 745 1727 Young St. Dallas, Texas. Affiliations: Local Texas State Federation of Labor, Dallas Central Labor Council National American Federation of Labor, and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers. April 22, 1946 Dear Sir: Effective Monday, April 22, Zanes Freight Agency of Dallas, Texas will be on strike by the Dallas General Drivers, Warehousemen and Helpers Local Union No. 745. Please refrain from doing business with said Cartage Company until this dispute is settled.” “4-27-46 Special Bulletin To Whom It May Concern: Dallas General Drivers, Warehouse-men and Helpers Local Union No. 745 has the following firms on strike, or on the unfair list, and we do not want you to do business in any manner with the firms listed below. Johnson Motor Freight Lines Bras-well Freight Lines Zanes Freight Agency Merchants Delivery Service Binyon-O’-Keefe Storage Company Zanes-Ewalt Corp. Bonded Warehouse This Union will appreciate all your cooperation in this matter and we expect the same. General Drivers, Warehousemen and Helpers Local Union No. 745, Dallas, Texas.” “Truck Drivers Local Union No. 745 A. F. of L. on strike against the Zanes Freight Agency Please do not be misled — Truck Drivers Local No. 745 are on strike and we have this firm on our We Don’t Patronize List Remember we are still on strike Dallas General Drivers — Local Union No. 745, A. F. of L.”

Free access — add to your briefcase to read the full text and ask questions with AI

Turner v. Zanes, 206 S.W.2d 144, 21 L.R.R.M. (BNA) 2526, 1947 Tex. App. LEXIS 1256, 1947 WL 55613 (Tex. Ct. App. 1947).

206 S.W.2d 144 (Turner v. Zanes) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Lauderback v. State
789 S.W.2d 343 (Court of Appeals of Texas, 1990)
General Drivers, Warehousemen & Helpers, Local Union No. 89 v. American Tobacco Co.
264 S.W.2d 250 (Court of Appeals of Kentucky (pre-1976), 1954)
General Drivers, Local Union No. 89 v. American Tobacco Co.
258 S.W.2d 903 (Court of Appeals of Kentucky (pre-1976), 1953)
Truck Drivers, Local Union No. 941 v. Whitfield Transp., Inc.
259 S.W.2d 947 (Court of Appeals of Texas, 1953)
Ex Parte Henry
215 S.W.2d 588 (Texas Supreme Court, 1948)
Dickson v. North East Texas Motor Freight Lines, Inc.
210 S.W.2d 660 (Court of Appeals of Texas, 1948)