American Federation of Labor v. Watson
Opinion of the Court
delivered .the opinion of the Court.
In 1944 Florida adopted an amendment to her Constitution
“The right of persons to work shall not be denied or abridged on account of membership or non-member-, ship in any labor union, or labor organization; provided, that this clause shall not be construed to deny or abridge' the right of employees by and through a labor organization or labor union to bargain collectively with their employer.”
Shortly thereafter this suit was instituted to enjoin the enforcement of that provision on the ground.that it violated the First Amendment, Fourteenth Amendment, and the Contract Clause of Article I, § 10 of'the Federal Cónstitution and was in conflict with tne National Labor
The appellants (plaintiffs below)' are. various national and local labor organizations operating in Florida, individual employee members of those organizations who are citizens of the United States, and three employers doing business in Florida.
The bill alleges that appellee law enforcement officials have taken the position that closed-shop agreements violate the Florida law and that they intend to enforce compliance with it by civil and criminal proceedings. The bill alleges that appellee Watson threatens to institute quo warranto proceedings against various companies with whom appellant unions have collective bargaining agreements containing closed-shop agreements, whereby it will be sought to cancel their corporate franchises unless the
Irreparable injury is alleged as follows: the threatened actions (a) will result in interminable litigation and multiplicity of prosecutions and legal proceedings; (b) will cause widespread disruption of employment.relations and production; (c) will deprive appellants of the benefits of existing contracts; (d) will cause appellant unions to lose present and prospective members and imperil the security of the unions and their members; (e) will make it impossible for one of the appellant employers (R. J. Gould) to obtain sufficient skilled labor to conduct his business; and (f) will cause a cessation of collective bargaining relations between the appellant unions and employers and will result in the disorganization and disintegration of the unions.
The prayer was for a temporary and permanent injunction. A motion to dismiss was made which, though denying a showing of irreparable damage, raised no issue of fact, other than the question whether the amount'involved in the controversy exceeds $3,000".
The district judge granted a temporary restraining order and pursuant to a prayer of' the bill caused a three-judge court to be convened. § 266 Judicial Code, 28 U. S. C. § 380. The District Court concluded that it had juris
The initial question is whether the District Court had jurisdiction as a federal court to hear and decide the merits.
Another preliminary question is whether this is a proper case for a three-rjudge court. The statute provides that only a three-judge court may issue an interlocutory injunction suspending or restraining “the enforcement, oper
“To bring this procedural device into play — to dislocate the normal operations of the system of lower federal courts and thereafter to come directly to this Court — requires a suit which seeks to interpose the ■ Constitution against enforcement of a state policy, whether such policy is defined in a state constitution or in an ordinary statute or through the delegated legislation of an ‘administrative board or commission.’ The crux of the business is procedural protection against an improvident state-wide doom by a federal court of a state’s legislative policy. This was the aim of Congress and this is the reconciling principle of the cases.”
Phillips v. United States, 312 U. S. 246, 251. And see Sterling v. Constantin, 287 U. S. 378, 393. It would, as the court below stated, be somewhat incongruous to hold that a single judge, while prohibited from enjoining action under an act of the state legislature, would be free to act if the state constitution alone were involved. The policy underlying § 266 admits no distinction between state action to enforce a constitutional provision and state action to enforce an act of the legislature. There is no suggestion in the history of § 266 that Congress was willing to give the federal courts a freer hand when state constitutional provisions were involved. In pur view the word “statute” in § 266 is a compendious summary of various enactments, by whatever method they, may be adopted, to which a
But even though a district court has authority to hear and decide the case on the merits, it should not invoke its powers unless those who seek its aid have a cause of action in equity. Douglas v. Jeannette, supra, pp. 162-163. The power of a court of equity to act is a discretionary óne. Pennsylvania v. Williams, 294 U. S. 176, 185. Where a federal court of equity is asked to interfere with the enforcement of state laws, it should do so only “to prevent irreparable' injury which is clear and imminent . . .” Douglas v. Jeannette, supra, p. 163; Spielman Motor Co. v. Dodge, 295 U. S. 89; Di Giovanni v. Camden Fire Ins. Assn., 296 U. S. 64; Watson v. Buck, 313 U. S. 387.
That is a strict test. But we think appellants satisfy it. We reach that conclusion on the basis of the allegations concerning the disruption of the collective bargaining processes and the injury to the unions and to the employers alike, if the closed-shop agreement is outlawed. As we have said, it is averred that there ar,e about 500 contracts with Florida employers containing closed-shop agreements and affecting about 100,000 employees. Each contract is affected if the closed-shop agreement is held unlawful. Some of those contracts have expired and it is desired to renew them. Others are sought to be negotiated. Thus, in case of plaintiff, R. J. Gould, it is alleged that although he is anxious and willing to enter into such a contract, he is prevented from doing so by the threats cf appellees. As a result, it is alleged, he is and has been unable to secure sufficient skilled labor to conduct his business. It is alleged that there are numerous other situations of the same character. And it is shown that one employer, against whom quo warranto proceedings have been instituted, already has given notice of the suspension of the closed-shop agreement which it had with one of the appellant unions.. Allegations are made that outlawry of closed-shop agree
Moreover, the threat to enforce the Florida law is real and imminent. Quo warranto proceedings have been instituted against several of the'corporations who are parties to the suit on the basis that they have closed-shop agreements with the unions. And appellee Watson has an
As we have said, the District Court passed on the merits of the controversy. In doing so at this stage of the litigation, we think it did not follow the proper course. The merits involve substantial constitutional issues concerning
There is, in the first place, some question whether this new provision of Florida’s constitution is self-executing
We give these illustrations to indicate how uncertain it is what constitutional issues will emerge once the Florida law receives an authoritative interpretation. A decision today on the constitutionality of this Florida law would be based on a preliminary guess concerning its meaning, not on an authoritative construction of it. We have already noted that this law may be so construed as to eliminate any conflict alleged to exist between it and the National Labor Relations Act. If so, one of the constitutional questions presented by this case would disappear. It is suggested, however, that the due process question is ripe for adjudication no matter how the Florida law is construed. But if the law does no more than to grant an individual working man a cause of action in case he is denied employment unless he joins a union, or if it goes no further than to make closed-shop agreements unenforceable between the parties, no case or controversy raising the due process question would be presented for decision by the present bill. For individual working men are not here asserting rights against unions or employers. Nor does the present case involve litigation by unions to enforce closed-shop agreements against employers. Furthermore, if, as the District Court thought, this Florida law is not self-executing, suits seeking to raise the due process question or any other constitutional question would be premature until Florida supplied sanctions for its enforcement. A decision today on the merits might, therefore, amount to no more than an advisory opinion. In Railroad Commission
It is said that since the continuance of litigation in the state courts is the only ground asserted for equitable relief, the entire purpose of the present suit will be defeated by retaining the bill pending determination of proceedings in the state courts. But the problem is not unique. It was implicit in Railroad Commission v. Pullman Co., supra. Moreover, the case for equitable relief rests not merely on the presence of a few cases in the state courts but also on the threat of wholesale prosecutions under a state law which the chief law enforcement official of the State maintains outlaws contracts for collective bargaining which labor and management have widely made. The resources of equity are not inadequate to deal with the problem so as to avoid unnecessary friction with state policies, while selective cases go forward in the state courts for an orderly and expeditious adjudication of the state law questions.
We reverse the judgment of the District Court and remand the cause to it with directions to retain the bill pending the determination of proceedings in the state courts in conformity with this opinion.
By consent of the parties the Cigar Manufacturers Association of Tampa was dismissed as a party defendant in
So ordered.
The amendment, designated as House Joint Resolution No. 13, was passed by the regular session of the legislature in 1943 (L. 1943; p. 1134) and was ratified by .the people at the general election held on November 7,1944. .
McCloskey & Co., a Delaware corporation in the business of building ships at Tampa, Florida; R. J. Gould, engaged in general welding and structural steel building work in Tampa, Florida, and doing business under the name of Gould Welding & Erecting Co.; Tampa Florida Brewery, Inc., a Florida corporation, engaged in the brewery business at Tampa, Florida.
Tampa Shipbuilding Co. and St.Johns River Shipbuilding Co., Florida corporations, engaged in the building-and construction of ships at Florida ports; Weir’s Dry-Cleaners & Laundry, Inc., a Florida corporation, engaged in the dry cleaning and laundry business in Tampa, Florida; National Container Corp., h Florida corporation, manufacturing paper containers in Jacksonville, Florida; Cigar Manufacturers Assoc, of Tampa, a voluntary association of Tampa cigar manufacturers.
These parties were joined as defendants because they had collective bargaining agreements with various of appellant labor organizations. They are called nominal defendants since no relief was sought against them.
It is alleged that some of these agreements aré for periods of one •year with automatic renewal clauses for additional one-year periods,
The constitutions of some of the appellant unions require that all persons who desire to obtain or retain memberships in the unions shall work only with union members.
It is alleged that membership in appellant unions is open to all who can meet the requirements of skill prescribed for the work, who will submit to the discipline and by-laws of the unions, and who are of good character, •_
The case has not been argued on the merits here, as we limited the argument, when we noted probable jurisdiction, to jurisdictional questions.
It provides that the district courts shall have original jurisdiction "Of all suits at law or in equity authorized by law to be brought by any person to redress the deprivation, under color of any law, statute, ordinance, regulation, custom, or usage, of any State, of any right, privilege, or immunity, secured by the Constitution of the United States, or of any right secured by any law of the United States providing for equal rights of citizens of the United States, or of all persons within the jurisdiction of the United States.”
Sec. 1 of the Civil Rights Act of April 20, 1871, 17 Stat. 13, has been continued without substantial change as R. S. § 1979, 8 U. S. C. § 43, which reads as follows: “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws; shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.”
Sec. 8 (3) of that Act provides that “nothing in this Act ... or in any other statute of the United States, shall preclude an employer from making an agreement with a labor organization (not established, maintained, or assisted-by any action defined in this Act as an unfair labor practice) to require as a condition of employment membership therein, if such labor organization is the representative of the-employees as provided in section 9 (a), in the appropriate collective bargaining unit covered by such agreement when made,”
The inadequacy of the relief at law is measured by the character of the relief afforded by the federal not the state courts. Di Giovanni v. Camden Fire Ins. Assn., supra, p. 69.
We do not pass on the question whether an interlocutory injunction should issue. That will be open on our remand of the cause. Sec. 266 provides in part: “if of opinion that irreparable loss or damage would result to the complainant unless a temporary restraining order is granted, any justice of the Supreme Court, or any circuit or district judge, may grant such temporary restraining order at any time before such hearing and determination of the application for an interlocutory injunction, but such temporary restraining order shall remain in force only until the hearing and determination of the application for an interlocutory injunction upon notice as aforesaid. The hearing upon such application for an interlocutory injunction shall be given precedence and shall be in every way expedited and be assigned for a hearing at the earliest practicable day after the expiration of the notice hereinbefore provided for. An appeal may be taken direct to the Supreme Court of the United States from the order granting or denying, after notice and hearing, an interlocutory injunction in such case.” As to the findings necessary to support such relief, see Lawrence v. St. Louis-San Francisco R. Co., 274 U. S. 588, 595-596; Mayo v. Lakeland Highlands Canning Co., 309 U. S. 310.
Tampa v. Tampa Waterworks Co., 45 Fla. 600, 628-629, 34 So. 631; Coleman v. State, 118 Fla. 201, 159 So. 504; Lummus v. Miami Beach Congregational Church, 142 Fla. 657, 195 So. 607.
See Porter v. First National Bank, 96 Fla. 740, 119 So. 130, 519; State v. Alsop, 120 Fla. 628, 163 So. 80; State v. Jones, 121 Fla. 216, 163 So. 590; Draughon v. Heitman, 124 Fla. 24, 168 So. 838; State v. Emerson, 126 Fla. 576, 171 So. 663; American Bakeries Co. v. Haines City, 131 Fla. 790, 180 So. 524; Miami v. State, 139 Fla. 598, 190 So. 774; Bryan v. Miami, 139 Fla. 650, 190 So. 772.
Here, too, there is doubt whether the constitutional provision is self-executing. •' Appellee Watson apparently takes the position that those who enter into closed-shop agreements violate an old Florida
On quo warranto under Florida law see State v. Tampa Water Works Co., 57 Fla. 533, 48 So. 639; State v. Duval County, 105 Fla. 174, 141 So. 173; State v. Prevatt, 110 Fla. 29, 148 So. 578; State v. S. H. Kress & Co., 115 Fla. 189, 155 So. 823.
See Mogul Steamship Co. v. McGregor, Gow & Co., [1892] A. C. 25, 39; Attorney General v. Adelaide Steamship Co., [1913] A. C. 781, 797.
See note 8, supra.
See 5 Fla. Stats. Ann., § 62.09; Sheldon v. Powell, 99 Fla. 782, 128 So. 258.
Dissenting Opinion
dissenting.
I think the suit should be dismissed for want of jurisdiction in equity.
A criminal prosecution or other litigation conducted in state courts by a. state official, within the scope of his authority as such, may, it is true, cause apprehension on the part of those who are alleged to be lawbreakers. Such apprehensions and those of others may lead to changes in business practices to the injury of the alleged lawbreakers. But the conduct of such proceedings, in good faith and in conformity to law, is not actionable at law or in equity. Damage or loss to one’s business or pocketbook, resulting from such proceedings, is but an incident to the necessary performance of a public function of state government. It is damnum absque injuria. Spielman Motor Co. v. Dodge, 295 U. S. 89, 95, and cases cited; Beal v. Missouri Pacific R. Co., 312 U. S. 45, 49, 50, and cases cited. And even when the threatened injury is attributable to the state court proceeding to enforce a state statute which is asserted to be unconstitutional, it does not follow that equity will or should exercise its jurisdiction to restrain the prosecution.
Congress has adopted the policy of leaving to the courts of the states the trials for criminal violations of state law and of quo warranto proceedings against their own corporations. Federal courts of equity, in the exercise of their sound discretion, conform to that policy by refusing to interfere with proceedings in the state courts except where unusual circumstances clearly call for equitable relief. Hence it is well recognized that measures taken by state
Until the state questions here mooted are authoritatively settled by the state courts, and the constitutional questions which it is asserted they raise are settled by this Court, the threat to the closed shop will continue to embarrass labor unions and employers who have or seek to have closed-shop contracts. That embarrassment can be removed only by the process of adjudication which the state is constitutionally entitled to pursue, so long as the state and its officials proceed according to law. Davis & Farnum Mfg. Co. v. Los Angeles, 189 U. S. 207 ; Fenner v. Boykin, supra; Spielman Motor Co. v. Dodge, supra, 95,
There is no contention here that the state officials are acting outside their authority as such, that they are not acting in good faith, Beal v. Missouri Pacific R. Co., supra, 49; Douglas v. Jeannette, supra, 164, or that they threaten to make oppressive or malicious use of the legal processes of the state. Cf. Gumbel v. Pitkin, 124 U. S. 131. Nor is there any showing that the litigation of pending questions in the federal courts will be any less embarrassing or injurious to appellants than the litigation of suits already pending in the state courts with review by this Court. Douglas v. Jeannette, supra, 164.
There are no allegations which would take this case out of the rule that in general a federal court of equity will not exercise its power to stay litigation lawfully proceeding in state courts, or at all except where it is plain that by the exercise of its jurisdiction and its decision of the issue pending in the state courts it will avoid some immediate and irreparable injury to a plaintiff. The case is to be distinguished from those sustaining federal equity jurisdiction where the acts sought to be enjoined, which'are asserted to be unlawful, do not involve any resort by an enforcement officer to the courts, where their lawfulness would, as here, be determined. Utah Fuel Co. v. Coal Comm’n, 306 U. S. 56; Hague v, C. I. O., 307 U. S. 496.
It is not suggested that appellants will be forced to comply with the Act because the penalties attending its violation are cumulative or so great that appellants may not,
We cannot assume that the pending suits in quo warranto, with review by this Court of the federal questions involved, will not settle all pending legal questions, state and federal, as readily as a suit in the federal court, or that the parties will not abide by the result. The bill of complaint is not framed on the theory of a bill of peace. Cf. Cleveland v. Cleveland City R. Co., 194 U. S. 517; Boise Artesian Water Co. v. Boise City, 213 U. S. 276; Beal v. Missouri Pacific R. Co., supra, 50. It does not allege that repeated, groundless or otherwise vexatious suits will be brought. McDaniel v. Traylor, 212 U. S. 428; Di Giovanni v. Camden Fire Ins. Assn., supra, 68. It does not seek to join all parties threatened by the prosecution of suits or show such singleness of issue of decisive questions as will
And, finally, the determination of the constitutional questions, which is the only purpose of the suit, must turn on the authoritative decision of the numerous and novel state questions presented. Cf. Hygrade Provision Co. v. Sherman, supra; Cline v. Frink Dairy Co., 274 U. S. 445; Spielman Motor Co. v. Dodge, supra; Beal v. Missouri Pacific R. Co., supra, 50. The presence of such state questions in the suit is, itself a sufficient ground for our declining to decide the constitutional questions in advance of authoritative determination of the state questions by the state courts. Cf. Alabama State Federation v. McAdory, 325 U. S. 450; C. I. O. v. McAdory, 325 U. S. 472; see Spector Motor Co. v. McLaughlin, 323 U. S. 101.
Further, since the whole aim of appellants’ suit is to enjoin the appellees from proceeding in the state courts, this Court’s direction to the district court to retain the bill pending the determination of proceedings in the state courts defeats the entire purpose of the present suit and permits the continuance of state litigation which is the only ground asserted for equitable relief. If appellees should at any time make oppressive use of legal processes of the state, bring repeated, groundless suits, or otherwise threaten irreparable damage to appellants, the federal courts are open to them upon their making allegations sufficient to justify intervention by equity. But the mere chance that such irreparable damage may be threatened at some indefinite time in the future, although it is not now, is no reason for the district court to retain the bill which wholly fails to show any ground for equitable relief. There being no showing of damage, to the appellants, actual or
It is stated in the papers on appellants’ motion in the district court for a restraining order, which now stands denied, that one employer, against whom quo warranto proceedings have been brought, has suspended the closed-shop agreement which it had with one of appellants’ unions, and further, that appellees have filed quo warranto proceedings against several corporations having closed-shop agreements with appellants, that “there will not be any bona fide defense made in said suits, or most of them,” and that the “prayers contained in the petitions” filed by appellees for a declaration “to the effect that the Constitutional‘Amendment here under attack is legal and valid and the closed shop provisions of the contracts invalidated” will be granted. N° such averments appear in the complaint, the allegations of which alone supply the test of the equity jurisdiction. Massachusetts State Grange v. Benton, 272 U. S. 525, 528; Williams v. Miller, 317 U. S. 599. Further, assuming that statements in the motion papers may supply essential allegations lacking in the complaint, no reason appears why the employee appellants cannot test the validity of the Florida laws and constitution by suits against their employers who have broken their closed-shop contracts. There is no allegation on the motion that any employer' has refused to enter into a closed-shop contract because of the threats of appellees.
Dissenting Opinion
dissenting in part.
I dissent from that part of the Court’s opinion that holds that the District Court erred in passing upon the merits of the controversy presented by this case. .
It may well be that there are serious questions as to how and against whom Florida’s new constitutional provision will be enforced. And the provision may be construed so as not to conflict with the National Labor Relations Act. Such matters must wait for authoritative action by the Florida courts. But there are federal constitutional issues inherent on the face of this provision that do not depend upon any interpretation or application made by Florida courts. Those issues were raised and decided in the court below. And they should be given appropriate attention by this Court.
The Court today holds that there is a very real and imminent threat to the entire system of collective bargaining in Florida growing out of the current attempts to enforce the Florida law. It should not be and is not difficult to discover the federal constitutional issues that are involved in that threat. True, we cannot say what constitutional issues may arise out of the law as subsequently interpreted and applied by the Florida courts. But we can say what issues are apparent on the face of the law itself, the law that has given rise to the grave threat to collective bargaining in Florida. Either the provision does or does not violate due process as guaranteed in the Fourteenth Amendment; either it falls outside or inside the permissible scope of the police power of the state; either it is in accord of in conflict on its face with the National Labor Relations Act. Those are the issues the parties have raised and the court
Moreover, the Court remands the case to the District Court \yith directions to retain the case until the Florida courts interpret the provision in the Floridá constitution. The efficacy oJf this disposition of the case is less real than apparent. It affords little if any protection to the appellants so far as the issues now in dispute are concerned. They are left unprotected against the very threat which this Court states is real and. imminent. And should the Florida courts ultimately decide these issues adversely to appellants’ contentions they will have no effective recourse in the District Court, which already has expressed itself fully and adversely relative to those contentions.
I dissent, therefore, from a procedure depriving appellants of a full hearing and a determination of the issues they have properly raised in the District Court and denying them the right to secure the protection the federal equitable power might give them.
Reference
- Full Case Name
- AMERICAN FEDERATION OF LABOR Et Al. v. WATSON, ATTORNEY GENERAL, Et Al.
- Cited By
- 276 cases
- Status
- Published