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ANCHORAGE v. WAITERS & WAITRESSES UNION (01/04/56)

January 4, 1956

ANCHORAGE, INC.
v.
WAITERS & WAITRESSES UNION, APPELLANT.



Appeal, No. 113, Jan. T., 1955, from decree of Court of Common Pleas No. 2 of Philadelphia County, March T., 1953, No. 5109, in case of Anchorage, Inc. v. Waiters & Waitresses Union, Local 301, Ray Turchi et al. Decree affirmed.

COUNSEL

Louis H. Wilderman, with him Richard H. Markowitz and Wilderman & Markowitz, for appellants.

Marcus Manoff, with him Dilworth, Paxson, Kalish & Green, for appellee.

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

Author: Stern

[ 383 Pa. Page 549]

OPINION BY MR. CHIEF JUSTICE HORACE STERN.

This appeal is from a decree of the court below enjoining the defendant Union from picketing plaintiff's place of business.

The principles governing the issuing of injunctions against picketing in labor disputes, so far as here pertinent, are well established:

(1) An injunction may not be issued against picketing carried on solely for the purpose of persuading non-union employes to join the union, or for the purpose of advertising the fact, if it be a fact, that the employes are on strike: Garner v. Teamsters, Chauffeurs and Helpers, Local Union No. 776, 373 Pa. 19, 21, 22, 94 A.2d 893, 895; Pappas v. Local Joint Executive Board, 374 Pa. 34, 36, 37, 96 A.2d 915, 916, 917; Wilkes Sportswear, Inc. v. International Ladies' Garment Workers' Union, 380 Pa. 164, 169, 110 A.2d 418, 420, 421; Sansom House Enterprises, Inc. v. Waiters & Waitresses Union, Local 301, AFL., 382 Pa. 476, 481, 115 A.2d 746, 749. And where the object of the picketing is lawful the mere fact that it may cause economic loss to the employer does not justify its restraint by injunction: Baderak v. Building and Construction Trades Council, 380 Pa. 477, 482, 112 A.2d 170, 173.

(2) Where the object of the picketing is unlawful it is properly enjoinable: International Brotherhood of Teamsters Union, Local 309 v. Hanke, 339 U.S. 470; Building Service Employees International Union, Local 262 v. Gazzam, 339 U.S. 532; Wilbank v. Chester and Delaware Counties Bartenders, Hotel and Restaurant Employees Union, 360 Pa. 48, 50, 60 A.2d 21, 22; Phillips v. United Brotherhood of Carpenters and Joiners of America, 362 Pa. 78, 82, 66 A.2d 227, 228; Wortex Mills, Inc. v. Textile Workers Union of America, C.I.O., 369 Pa. 359, 369, 85 A.2d 851, 857; Sansom

[ 383 Pa. Page 550]

Pennsylvania Labor Relations Act of 1937 or of the National Labor Relations Act of 1935," and the Pennsylvania Labor Relations Act of June 1, 1937, P.L. 1168, § 6, as amended, provides that "It shall be an unfair labor practice for an employer - (a) to interfere with, restrain or coerce employes in the exercise of the rights guaranteed in this act"; such a right being ( § 5) "the right to self-organization, ... to bargain collectively through representatives of their own choosing." It is also declared to be an unfair labor practice ( § 6(c)) for an employer "By discrimination in regard to hire or tenure of employment, or any term or condition of employment, to encourage or discourage membership in any labor organization."

(5) Picketing may be enjoined if one of its objects is unlawful even though not the sole object; National Labor Relations Board v. Denver Building and Construction Trades Council, 341 U.S. 675, 689; International Brotherhood of Electrical Workers v. National Labor Relations Board, 341 U.S. 694, 700; Local 74, United Brotherhood of Carpenters ...


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