The opinion of the court was delivered by: KALODNER
The issues having come to trial on Complaint and Answer, and having heard the testimony of witnesses and the argument of counsel, I make the following
1. The plaintiffs are copartners trading under the name of Hunt's Motor Freight and Food Products Transport, with their principal place of business at Philadelphia, Pennsylvania.
2. For a long period of time prior to the filing of this Complaint, the plaintiffs were engaged in the business of hauling produce and foodstuffs.
3. For a period of about fourteen years prior to February 4, 1939, practically the sole business of the plaintiffs was to operate under contracts, both written and oral, with the Great Atlantic & Pacific Tea Company (hereinafter referred to as A & P), by the terms of which plaintiffs hauled and transported merchandise for the A & P.
4. From eighty to eighty-five per cent of the operations of plaintiffs described in Finding No. 3 were interstate from and to Philadelphia.
5.The defendant, Brotherhood of Transportation Workers, Local 107, International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America (hereinafter referred to as the Union) is an unincorporated association of drivers and helpers engaged in "over the road hauling" and is affiliated with the American Federation of Labor. It is affiliated with numerous locals and subsidiary unions situated throughout the United States, each of which represents a separate branch or class of employees engaged in and about the loading and hauling of produce by trucks. Its main office is located at 105 Spring Garden Street, Philadelphia, Pennsylvania.
6.Sometime in 1937 the Union called a strike of the truckers and haulers of the A & P in Philadelphia for the purpose of enforcing a "closed shop".
7. The plaintiffs attempted to operate during the strike, and in July of 1937 refused the offer of the Union to negotiate.
8. The strike was attended with great violence and on September 4, 1937, one of the men connected with the Union was shot and killed at or near the Union headquarters.
9. One of the plaintiffs, Edward A. Hunt, was tried for the homicide described in Finding No. 8 and was acquitted.
11. As a result of the said agreement between the said A & P and the defendant Union, all employees of the various contract haulers situated as were the plaintiffs with the said A & P were notified that they were required to join and become members of the defendant Union.
12. At the time of the making of the "closed shop" agreement, A & P had been employing the services of some twenty-five haulers (including plaintiffs) who were using about forty-eight trucks. The plaintiffs had eight trucks.
13. All the haulers of A & P except plaintiffs joined the Union or made "closed shop" agreements with it.
14. Plaintiffs (after the "closed shop" agreement was made with A & P and the Union) attempted to make an agreement with the Union. The Union refused to negotiate, and still refuses to do so.
15. The employees of the plaintiffs have attempted to join the Union, but were refused admission as long as they were employees of the plaintiffs.
16. On February 4, 1939, A & P at the instigation of the Union cancelled its contract with the plaintiffs as of March 10, 1939, on the ground that plaintiffs were non-union. The ...