Local 20, Teamsters, Chauffeurs & Helpers Union v. Morton
Opinion of the Court
delivered the opinion of the Court.
The petitioner is a labor organization. The respondent is a company engaged in the business of providing dump trucks and drivers, as a subcontractor on highway construction, with its principal place of business at Tiffin, Ohio. The petitioner represented the respondent’s employees from 1950 until 1956 under an oral agreement. In 1956 the parties engaged in negotiations for a written agreement. An impasse in bargaining precipitated a strike which lasted from August to October of that year. During the strike the petitioner engaged in secondary activities involving some of the respondent’s customers and suppliers, for the purpose of inducing them to cease doing business with the respondent. Claiming that these activities were unlawful both under § 303 of the Labor Management Relations Act of 1947, 29 U. S. C. § 187,
The Court of Appeals affirmed the award in all respects.
At the outset we affirm the award of compensatory damages for the violation of § 303 of the federal Act. The District Court found that “the defendant encouraged the employees of the O’Connel Company to stop using plaintiff’s trucks for the purpose of forcing or requiring the O’Connel Company to cease doing business with the plaintiff . . . .”
With respect to the remaining components of the money judgment recovered by the respondent, the central question to be decided is whether a court, state or federal, is free to apply state law in awarding damages resulting from a union’s peaceful strike conduct vis-á-vis a secondary employer, or is confined in the field of damage actions brought for union secondary activities to the spe
If the provisions of § 303 mark the limits beyond which a court, state or federal, may not go in awarding damages for a union's secondary activities, then the doctrine of pendent jurisdiction can be of no service. Pendent jurisdiction permits a federal court under some circumstances to determine a state cause of action which otherwise would have to be heard in the state court. Hum v. Oursler, supra. But if the state court would be without authority to award damages under state law, then the doctrine of pendent jurisdiction can give “the District Court ... no greater power to do so.” Lauf v. Skinner & Co., 303 U. S. 323, 328.
And in cases involving union violence, state law has been permitted to prevail by reason of controlling considerations which are entirely absent in the present case. “ [W] e have allowed the States to grant compensation for the consequences, as defined by the traditional law of torts, of conduct marked by violence and imminent threats to the public order. United Automobile Workers v. Russell, 356 U. S. 634; United Construction Workers v. Laburnum Corp., 347 U. S. 656. . . . State jurisdiction has prevailed in these situations because the compelling state interest, in the scheme of our federalism, in the maintenance of domestic peace is not overridden in the absence of clearly expressed congressional direction. ... In the present case there is no such compelling state interest.” San Diego Bldg. Trades v. Garmon, 359 U. S. 236, 247-248.
Section 303 (b) of the Labor Management Relations Act expressly authorizes state and federal courts to award damages to any person injured by certain secondary boycott activities described in § 303 (a).
In this case, the petitioner’s request to Launder’s management to cease doing business with the respondent was not proscribed by the Act. “[A] union is free to approach an employer to persuade him to engage in a boycott, so long as it refrains from the specifically prohibited means of coercion through inducement of employees.” Carpenters Local 1976 v. Labor Board, supra. at 99. This weapon of self-help, permitted by federal law, formed an integral part of the petitioner’s effort to achieve its bargaining goals during negotiations with the respondent.
The same considerations require reversal of the award of punitive damages. Punitive damages for violations of § 303 conflict with the congressional judgment, reflected both in the language of the federal statute
There remains for consideration only the question of the damage award for the respondent’s loss of the Wilson account. The respondent conceded at trial that there was “no evidence of unlawful activity in connection with this [the Wilson] job,” and the record makes clear that the respondent lost the Wilson account because his drivers were discouraged from working during the strike by the petitioner’s primary strike activity.
The judgment is vacated and the case remanded to the District Court for further proceedings consistent with this opinion.
It is so ordered.
Section 303 of the Labor Management Relations Act of 1947 provided:
“(a) It shall be unlawful, for the purposes of this section only, in an industry or activity affecting commerce, for any labor organization to engage in, or to induce or encourage the employees of any employer to engage in, a strike or a concerted refusal in the course of their employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any services, where an object thereof is—
“(1) forcing or requiring any employer or self-employed person to join any labor or employer organization or any employer or other person to cease using, selling, handling, transporting, or otherwise
“(2) forcing or requiring any other employer to recognize or bargain with a labor organization as the representative of his employees unless such labor organization has been certified as the representative of such employees under the provisions of section 159 of this title;
“(3) forcing or requiring any employer to recognize or bargain with a particular labor organization as the representative of his employees if another labor organization has been certified as the representative of such employees under the provisions of section 159 of this title;
“(4) forcing or requiring any employer to assign particular work to employees in a particular labor organization or in a particular trade, craft, or class rather than to employees in another labor organization or in another trade, craft, or class unless such employer is failing to conform to an order or certification of the National Labor Relations Board determining the bargaining representative for employees performing such work. Nothing contained in this subsection shall be construed to make unlawful a refusal by any person to enter upon the premises of any employer (other than his own employer), if the employees of such employer are engaged in a strike ratified or approved by a representative of such employees whom such employer is required to recognize under áubchapter II of this chapter.
“(b) Whoever shall be injured in his business or property by reason of any violation of subsection (a) of this section may sue therefor in any district court of the United States subject to the limitations and provisions of section 185 of this title without respect to the amount in controversy, or in any other court having jurisdiction of the parties, and shall recover the damages by him sustained and the cost of the suit.” 61 Stat. 158, 29 U. S. C. § 187.
Certain amendments to § 303 were made by the Labor-Management Reporting and Disclosure Act of 1959, 73 Stat. 545, 29 U. S. C. (Supp. IV) § 187, but these amendments are not germane to the questions presented in this case.
/A, at 656, 661.
320 F. 2d 505.
Id., at 507.
Id., at 508.
No damages were awarded with respect to the petitioner’s dealings with the employees of France Stone Co. or C. A. Schoen, Inc.
See note 1, supra.
Section 8 (b) (4), 29 U. S. C. § 158 (b) (4), and § 303, 29 U. S. C. § 187, “have an identity of language” but specify two “different remedies.” Longshoremen v. Juneau Corp., 342 U. S. 237, 244. Section 8 (b) (4) provides that certain conduct constitutes an unfair
No claim has been made that Launder’s voluntary compliance with the petitioner’s request, unsupported by any consideration, amounted to an “agreement, express or implied” under § 8 (e) of the Act, added by the Labor-Management Reporting and Disclosure Act of 1959, 73 Stat. 519, 29 U. S. C. (Supp. IV) § 158 (e).
Section 303 (b) provides in pertinent part that “[wjhoever shall be injured in his business or property . . . shall recover the damages by him sustained , . . .” (Emphasis supplied.)
In the Senate debate on the bill, Senator Taft said, "... I see no reason why suits of this sort should not be permitted to be filed. After all, it is only to restore to people who lose something because of boycotts and jurisdictional strikes the money which they have lost.” 93 Cong. Rec. 4858. Later, in response to Senator Morse’s claim that § 303 would impose virtually unlimited liability, Senator Taft said, “Under the Sherman Act the same question of boycott damage is subject to a suit for damages and attorneys’ fees. In this case we simply provide for the amount of the actual damages.” 93 Cong. Rec. 4872-4873.
See United Mine Workers v. Patton, 211 F. 2d 742, 747-750; Overnite Transportation Co. v. Teamsters, 257 N. C. 18, 125 S. E. 2d 277, cert. denied, 371 U. S. 862.
It is argued that the petitioner’s unlawful secondary activities made more effective the petitioner’s attempts to discourage employees of the respondent from working during the strike. But there is nothing in the record to indicate, and no finding by the trial court, that the petitioner’s secondary activities which were unlawful under § 303 had any effect whatsoever on the respondent’s employees’ decisions not to work during the strike.
Concurring Opinion
concurring.
My concurrence in the Court’s opinion and judgment does not indicate approval of the Court’s holdings in United Automobile Workers v. Russell, 366 U. S. 634, and United Construction Workers v. Laburnum Corp., 347 U. S. 656.
Reference
- Full Case Name
- LOCAL 20, TEAMSTERS, CHAUFFEURS & HELPERS UNION v. MORTON, Doing Business as LESTER MORTON TRUCKING CO.
- Cited By
- 326 cases
- Status
- Published