Local Union No. 10, United Ass'n of Journeymen Plumbers & Steamfitters v. Graham
Local Union No. 10, United Ass'n of Journeymen Plumbers & Steamfitters v. Graham
Opinion of the Court
delivered the opinion of the Court.
The basic question here is whether the Commonwealth of Virginia, consistently with the Constitution of the United States, may enjoin peaceful picketing when it is carried on for purposes in conflict with the Virginia Right to Work Statute.
A bill of complaint was filed September 25, 1950, in the Law and Equity Court of the City of Richmond, Virginia, by respondents, doing a general contracting
“ [I]t appearing to the Court that the picketing complained of was conducted and carried on by the defendants, except for those defendants hereinafter noted, and for aims, purposes and objectives in conflict with the provisions of the Right To Work laws of the State of Virginia and, therefore, illegal, that a permanent injunction is necessary to prevent irreparable harm and damage to the complainants, and that complainants have already been damaged to the*196 extent of One Hundred and Ninety ($190.00) Dollars, the Court doth so find; . . . .” (Emphasis supplied.)3
January 23, 1952, the Supreme Court of Appeals of Virginia, also without opinion, refused to hear an appeal but said in its order “the court being of opinion that the said decrees [of the trial court] are plainly right, doth reject said petition and refuse said appeal and super-sedeas, the effect of which is to affirm the decree of the said law and equity court.” Because of the importance of the issue in the practical administration of labor law, we granted certiorari. 344 U. S. 811. Respondents filed no brief here other than that in opposition to the petition for certiorari and submitted their case without oral argument.
A- few days before our grant of certiorari, the Supreme Court of Appeals of Virginia, in another case, reached a result which petitioners claim is in conflict with its judgment in the instant case. Painters & Paperhangers Local Union No. 1018 v. Rountree Corp., 194 Va. 148, 72 S. E. 2d 402. We find that decision helpful as upholding the constitutionality of the Right to Work Statute and interpreting its meaning, but we do not find it inconsistent with the result below. See also, Edwards v. Virginia, 191 Va. 272, 60 S. E. 2d 916; Finney v. Hawkins, 189 Va. 878, 54 S. E. 2d 872; American Federation of Labor v. American Sash Co., 335 U. S. 538; Lincoln Union v. Northwestern Co., 335 U. S. 525.
In a case of this kind, we are justified in searching the record to determine whether the crucial finding by the state courts had a reasonable basis in the evidence.
The others present were six or seven laborers whose status as union men was not clear. They did not quit but the work on the project as a whole came to a substantial standstill during the week of September 25, because the principal activity then called for was that of pouring concrete which required the services of rodmen as well as those of laborers.
The effect of the picketing was confirmatory of its purpose as found by the trial court. Petitioners here engaged in more than the mere publication of the fact that the job was not 100% union. Their picketing was done at such a place and in such a manner that, coupled with established union policies and traditions, it caused the union men to stop work and thus slow the project to a general standstill. Such conduct, furthermore, was conditioned upon the fact that some of the work on this job, particularly the plumbing, was being done by a subcontractor who employed nonunion labor, whereas Joinville had demanded of the general contractor that the job be “one hundred per cent union.”
The policy of Virginia which is expressed in its Right to Work Statute is summarized as follows by its highest court:
“It provides in substance that neither membership nor non-membership in a labor union shall be made a condition of employment; that a contract limiting employment to union members is against public policy; and that a person denied employment because he is either a member of a union or not a member of a union shall have a right of action for damages.” Finney v. Hawkins, 189 Va. 878, 880, 54 S. E. 2d 872, 874.
Assuming the above conclusions to have been established, petitioners still contend that the injunction in this case was inconsistent with the Fourteenth Amendment to the Constitution of the United States. On the reasoning and authority of our recent decisions, we reaffirm our position to the contrary. Building Service Union v. Gazzam, 339 U. S. 532; Teamsters Union v. Hanke, 339 U. S. 470; Hughes v. Superior Court, 339 U. S. 460; Giboney v. Empire Storage Co., 336 U. S. 490; Thomas v. Collins, 323 U. S. 516, 537-538, and 543-544 (concurring opinion); Bakery Drivers Local v. Wohl, 315 U. S. 769, 776-777 (concurring opinion); Carpenters Union v. Ritter’s Cafe, 315 U. S. 722; Carlson v. California, 310 U. S. 106; Thornhill v. Alabama, 310 U. S. 88, 103-104; Senn v. Tile Layers Union, 301 U. S. 468, 479-481. See also, Electrical Workers v. Labor Board, 341 U. S. 694, 705.
The judgment of the Supreme Court of Appeals of Virginia accordingly is
Affirmed.
“1. Section 1. It is hereby declared to be the public policy of Virginia that the right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization.
“Section 2. Any agreement or combination between any employer and any labor union or labor organization whereby persons not members of such union or organization shall be denied the right to work for said employer, or whereby such membership is made a condition of employment or continuation of employment by such employer, or whereby any such union or organization acquires an employment monopoly in any enterprise, is hereby declared to be against public policy and an illegal combination or conspiracy.
“Section 3. No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment by such employer.
“Section 4. No person shall be required by an employer to abstain or refrain from membership in any labor union or labor organization as a condition of employment or continuation of employment.
“Section 5. No employer shall require any person, as a condition of employment or continuation of employment, to pay any dues, fees or other charges of any kind to any labor union or labor organization.
“Section 6. Any person who may be denied employment or be deprived of continuation of his employment in violation of sections three, four or five or of one or more of such sections, shall be entitled to recover from such employer and from any other person, firm,
“Section 7. The provisions of this act shall not apply to any lawful contract in force on the effective date hereof but they shall apply in all respects to contracts entered into thereafter and to any renewal or extension of an existing contract.” Va. Acts, Extra Session 1947, c. 2, Va. Code, 1950, §§ 40-68 to 40-74, inclusive.
See also, recognition of such state legislation in the Taft-Hartley Act:
“Sec. 14. . . .
“(b) Nothing in this Act [National Labor Relations Act, as amended] shall be construed as authorizing the execution or application of agreements requiring membership in a labor organization as a condition of employment in any State or Territory in which such execution or application is prohibited by State or Territorial law.” 61 Stat. 151, 29 U. S. C. (Supp. V) § 164 (b).
The unions named were Local Union No. 1018, Brotherhood of Painters, Decorators and Paperhangers of America; Local Union No. 64, Cement Finishers and Operative Plasterers International Association; and Local Union No. 147, International Union of Operating Engineers, each affiliated with the American Federation of Labor.
The decree dismissed the complaint against Local Union No. 147 and its business agent, but enjoined the remaining defendants “from interfering with, molesting or otherwise carrying on their picketing or other activities in front of or around the site of construction of George Washington Carver School in the City of Richmond, Virginia.”
Petitioners now object to the breadth of the terms of the injunction. That objection was not presented in their petition for cer-tiorari and is not considered here.
“. . . it is of prime importance that no constitutional freedom, least of all the guarantees of the Bill of Rights, be defeated by insubstantial findings of fact screening reality. That is why this Court has the ultimate power to search the records in the state courts where a claim of constitutionality is effectively made. . . .
“. . . We have not only his [the master’s] findings but his findings authenticated by the State of Illinois speaking through her supreme
For example, O. J. Graham testified:
“A. ... he [Joinville] finally got into the question of this particular job at the George Washington Carver School and Mr. Joinville said he wanted us to make it one hundred per cent union job and I told him we couldn’t do that, that we had already let sub-contracts that were union and non-union and we weren’t making any distinction between the two, generally speaking, unless something was wrong or unless we didn’t think the sub-contractor could perform like we wanted him to; that we let the contract to the lowest bidder, whether he was union or non-union, and Mr. Joinville then said about this plumbing and heating contract he wanted me to cancel the contract with Talley and I told him we couldn’t do that, that a contract with a non-union man was just as valid as one with a union man, and that led on into a discussion of the general policy of the Richmond Trades Council.
“The way that came up was I asked Mr. Joinville why pick out this job, that a number of other contractors were operating the same as we were now and we had been very friendly with the unions, hadn’t had any trouble with them and sometime past we had worked probably ninety per cent union on some jobs and our relations up to this time had been very good. ‘Well,’ he said, ‘from now on, we are not going to permit the things we have been permitting in the past and*199 if a job isn’t one hundred per cent union, the union labor is not going to work on it; it has got to be one hundred per cent union.’ If it wasn’t — talking about this particular job together with any other jobs in the future, not only of ours, but other people’s as well, that they would just have to take what came from the union as a result of not being one hundred per cent union, and we did discuss to some degree the right-to-work law and the effect that it had had or should have on labor and I told him I didn’t see how we could comply with the law and make any job one hundred per cent union. ‘Well,’ he said, ‘nobody else is paying any attention to the right-to-work law; I don’t see any reason why Graham Brothers should be so concerned about it.’ ”
Dissenting Opinion
dissenting.
If this union used the coercive power of picketing to force the contractor to discharge the nonunion men who
Picketing is a form of free speech — the workingman’s method of giving publicity to the facts of industrial life. As such it is entitled to constitutional protection. Thornhill v. Alabama, 310 U. S. 88. No court would be entitled to prevent the dissemination of the news “This is not a Union Job,” whether it be by radio, by newspaper, by pamphlets, or by picketing. A picket carrying that sign would be proclaiming to all union men to stay away. Yet as Mr. Justice Minton, dissenting in Teamsters Union v. Hanke, 339 U. S. 470, 481, 482, stated, peaceful picketing when used “as an instrument of publicity” is a form of speech protected by the First and Fourteenth Amendments. It is entitled to that protection though it incites to action. For it is the aim of most ideas to shape conduct.
The line between permissible and unlawful picketing will therefore often be narrow or even tenuous. A purpose to deprive nonunion men of employment would make the picketing unlawful; a purpose to keep union men away from the job would give the picketing constitutional protection. The difficulty here is that we
There is a dispute in the testimony as tb the purpose of the picketing. The contractor testified that the aim was to coerce him to replace nonunion men with union men. The union official testified unequivocally that that was not the purpose, that the aim was to inform union men that nonunion men were on the job.
I have expressed elsewhere my views concerning the line between sanctity of speech and the unlawful use of the coercive power of unions. See Bakery Drivers Local v. Wohl, 315 U. S. 769, 775-777; Thomas v. Collins, 323 U. S. 516, 543-544.
Mr. Joinville testified:
“Q. Now Mr. Graham has alleged that you came to talk with him as business representative for Local No. 10 and that you renewed your request of July 27, 1950, that all non-union labor on the job project be laid off or discharged. Did you make that request?
“A. No.
“Q. Were you interested in all the non-union labor on the project being laid off?
“A. I was only interested in furthering the interests of union labor. As to the standing and who was on the job and what crafts, I didn’t know and didn’t know until I talked to Mr. Graham and got it from him direct.
“Q. Did you in your conversation with him request him to lay off or fire or discharge anybody?
“A. No. Mr. Graham definitely told me he intended to go through with it and I asked him to give his contracts to some of the boys— some of the contractors whom he had let his contracts to in the past. He said definitely he had made commitment to Mr. Talley and he intended to hold Mr. Talley to his commitment and see that Mr. Talley completed that job, and knowing the contracting business, I know that.
"Q. You have testified that you went to see him [Mr. Graham] for the purpose of getting him to use some of your union subcontractors, is that correct?
“A. That is my job, to promote subcontractors and my membership wherever possible.
“Q. He refused to do just that, didn’t he?
“A. He said he had already let the contract to a non-union, — as*204 I assume, I had no relationship with him — to a contractor by the name of Talley and he had no intention of violating that contract with Talley, and I agreed with him.
“Q. Then he denied your men the right to work for him, didn’t he?
“A. He definitely did.
“Q. Mr. Joinville, did Mr. Graham refuse to employ any of your local union men?
“A. He definitely took the stand he wouldn’t have anyone but Talley on that job.
“Q. Did you ask Mr. Graham to cancel his contract with Talley?
“A. No. I have been in this construction business long enough and business agent for twenty some years and I know when a contract is signed and delivered nobody cancels them.
“Q. That would have nothing to do with the State Law, would it?
“A. That is right.”
See also Hughes v. Superior Court, 339 U. S. 460, where we upheld the validity of an injunction which restrained the defendants from “picketing ... for the purpose of compelling plaintiff to do any of the following acts:
“(1) the selective hiring of negro clerks, such hiring to be based on the proportion of white and negro customers who patronize plaintiff’s stores; . . . .”
This purpose was declared unlawful by the California courts and we sustained the injunction directed against that unlawful purpose. Cf. Hotel Employees’ Local v. Wisconsin Board, 315 U. S. 437, involving an administrative order prohibiting picketing. It was undisputed that the picketing had erupted into violence. We accepted the Wisconsin court’s determination that the order was directed only against such unlawful conduct and did not reach out to strike down peaceful picketing for a lawful purpose.
Reference
- Full Case Name
- LOCAL UNION NO. 10, UNITED ASSOCIATION OF JOURNEYMEN PLUMBERS & STEAMFITTERS, Et Al. v. GRAHAM Et Al., TRADING AS GRAHAM BROTHERS
- Cited By
- 98 cases
- Status
- Published