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PAPPAS v. LOCAL JOINT EXECUTIVE BOARD (05/25/53)

May 25, 1953

PAPPAS
v.
LOCAL JOINT EXECUTIVE BOARD, APPELLANT



Appeal, No. 162, Jan. T., 1953, from decree of Court of Common Pleas No. 4 of Philadelphia County, Sept. T., 1943, No. 2140, in case of Anthony Pappas and Engelos Pappas, trading as Midway Restaurant and De Luxe Lunch v. Local Joint Executive Board of Philadelphia etc. Decree reversed.

COUNSEL

I. Herman Stern, for appellant.

Meyer E. Maurer, with him Nissenbaum & Maurer, for appellees.

Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

Author: Stern

[ 374 Pa. Page 35]

OPINION BY MR. CHIEF JUSTICE HORACE STERN

Defendant union is appealing from the refusal of the court below to dissolve an injunction entered against it some nine years ago.

Plaintiffs conduct a so-called "Midway Restaurant" at 3163-3165 Kensington Avenue, Philadelphia, and a

[ 374 Pa. Page 36]

"DeLuxe Lunch" at 3153 Kensington Avenue; at the former place they hold a retail liquor license. Defendant is an unincorporated labor union and is the parent body for local unions in the hotel, restaurant and bartender crafts in Philadelphia; it comprises a membership of seven independent autonomous craft unions affiliated with the Hotel and Restaurant Employees International Alliance and Bartenders League of America; three of these craft unions are The Bartenders Union, Local No. 115, the Waiters and Waitresses Union, Local No. 301, and the Cooks, Chefs and Pastry Cooks Union, Local No. 111.

In November, 1943, the Joint Board, the Waiters and Waitresses Union, Local No. 301, and the Cooks, Chefs and Pastry Cooks Union, Local No. 111 -- but not the Bartenders Union Local No. 115 -- began picketing the Midway Restaurant and the DeLuxe Lunch. Plaintiffs filed a bill in equity for an injunction which the court granted by final decree in November, 1944, restraining the Joint Board and Locals 301 and 111 from picketing plaintiffs' two establishments. In September, 1950, defendant filed a petition praying that the injunction be vacated and the bill of complaint dismissed. The court denied such relief but, instead, entered an amendatory decree which modified the original in some respects. Defendants appeals.

The 1943 picketing had been expressly enjoined on two grounds: (1) that it was attended by violence, and (2) that its object was to coerce plaintiffs into forcing their employes to join the union. Unquestionably, either or both of those grounds justified the court in forbidding the continuance of such unlawful practices: Wortex Mills Inc. v. Textile Workers Union of America, c.i.o/., 369 Pa. 359, 85 A.2d 851; Garner v. Teamsters, Chauffeurs and Helpers, Local Union No. ...


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