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BADERAK v. BUILDING AND CONSTRUCTION TRADES COUNCIL (03/14/55)

March 14, 1955

BADERAK
v.
BUILDING AND CONSTRUCTION TRADES COUNCIL, APPELLANT.



Appeal, No. 109, Jan. T., 1954, from order and decree of Court of Common Pleas of Montgomery County, Sept. T., 1954, No. 10, in case of Alfred Baderak and Sycamore Corporation v. Building and Construction Trades Council et al. Order and decree affirmed.

COUNSEL

M. Herbert Syme, for appellants.

Roger B. Reynolds, with him Russell J. Brownback and Brownback & Raynolds, for appellees.

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

Author: Chidsey

[ 380 Pa. Page 478]

OPINION BY MR. JUSTICE CHIDSEY

This is an appeal from a decree and order of the Common Pleas Court of Montgomery County, enjoining appellants from picketing or interfering in any unlawful manner with the construction of an apartment

[ 380 Pa. Page 479]

    building by appellees in Bryn Mawr, Lower Merion Township, Pennsylvania.

After a hearing, during which appellants offered no testimony, the chancellor found facts substantially as follows:

Appellees were engaged in constructing a five-story reinforced concrete apartment building at an estimated cost in excess of $1,000,000. Appellant, Building and Construction Trades Council, American Federation of Labor, is an unincorporated labor organization. The individual appellants are its officers, agents or employes. Appellees had 70 or 80 non-union employes working on the apartment house project. On October 6, 1954, about three months after work began on the project, appellants stationed two pickets at each of the two driveway entrances tot he building operation. Each picket carried a sign which stated: "Union Standards Are Not Being Observed On This Project. Building and Construction Trades Council, American Federation of Labor".

These pickets made no attempt to talk to the builders, contractors or their employes. Whenever a truck loaded with supplies or material approached either driveway, two men, who supervised the pickets, would leave the parked automobile where they usually sat, stop the truck drivers and talk to them. Thereafter, the truck drivers drove away without delivering their load of building materials or supplies. Although appellees secured police protection for the truck drivers, only one load of materials was delivered after the pickets appeared. Appellees have tried in vain to persuade the suppliers who had contracted to deliver materials to abide by their contracts. They ...


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