Appeal, No. 185, Jan. T., 1951, from order and decree of Court of Common Pleas No. 5 of Philadelphia County, March T., 1951, No. 4413, in case of General Building Contractors' Association; Pennsylvania Excavators' Association and the Contractors' Association of Philadelphia v. Local Unions Nos. 542, 542-A and 542-B; International Union of Operating Engineers and Roy J. Underwood, etc. Decree affirmed.
Abraham E. Freedman, with him Freedman, Landy & Lorry, for appellants.
Henry W. Maxmin, with him Myron Jacoby, Jacoby & Maxmin, Manus McHugh and A. Bernard Hirsch, for appellees.
Before Drew, C.j., Stern, Stearne, Bell, Ladner and Chidsey, JJ.
OPINION BY MR. JUSTICE CHIDSEY
General Building Contractors' Association, Pennsylvania Excavators' Association and Contractors' Association of Philadelphia, appellees, filed their bill in equity to restrain Local Unions, Nos. 542, 542A and 542B, International Union of Operating Engineers, and Roy J. Underwood, individually, and as president and business manager, appellants, from acting in disregard of an existing collective bargaining agreement between the parties. After a preliminary hearing before two judges, a preliminary injunction was issued granting the relief prayed for.
Plaintiff, General Building Contractors' Association, is a nonprofit organization having as members a large number of contractors engaged in construction of industrial, commercial, institutional and other buildings, with an affiliate group of a number of steel erectors. Plaintiff, Pennsylvania Excavators' Association,
an unincorporated association, has approximately fourteen members doing large excavating work. Plaintiff, Contractors' Association of Philadelphia, a nonprofit corporation, consists of about fifty-five contractors engaged in construction of bridges, roads, highways, subways and heavy sewer lines. The three associations act as negotiating agents for their constituents in consummating collective bargaining agreements with employes. Defendants are Local Unions No. 542, 542A and 542B, International Union of Operating Engineers, an unincorporated association, and Roy J. Underwood, its president and business manager.
Plaintiffs and defendants on October 7, 1949, entered into a retroactive written collective bargaining agreement for a term of one year to expire April 30, 1950. The agreement was signed by Roy J. Underwood for defendants, by William F. Lotz, president of General Building Contractors' Association, by John Buckley, president of Pennsylvania Excavators' Association, and by Harry R. Halloran, chairman of the board of directors of Contractors' Association of Philadelphia.
The Union in February, 1950 notified the respective plaintiffs of the termination of the agreement. By letter of February 15, 1950, Underwood wrote, "We shall be pleased to discuss with you at your convenience the terms and conditions of a new agreement to become effective May 1, 1950." Plaintiffs advised Robert G. Kelly, Esquire, attorney for the Union, that any wage increases would be resisted.
Harry R. Halloran and Robert G. Kelly, representing plaintiffs and defendants respectively, had negotiated and prepared the collective bargaining agreement of October 7, 1949 covering the year May 1, 1949 to April 30, 1950. These individuals acted ...