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WESTINGHOUSE AIR BRAKE DIVISION v. UNITED ELECTRICAL (01/19/82)

filed: January 19, 1982.

WESTINGHOUSE AIR BRAKE DIVISION, AMERICAN STANDARD, INC., AND UNION SWITCH AND SIGNAL DIVISION, AMERICAN STANDARD, INC., APPELLANTS,
v.
UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA LOCAL 610; DANIEL MARGURIET, BUSINESS AGENT; MIKE CARBO, PRESIDENT; FRANK COLONELLO, VICE PRESIDENT; CHARLES P. BRUSH, ASSISTANT CHIEF STEWARD; INDIVIDUALLY AND AS TRUSTEES AD LITEM



No. 1184 Pittsburgh, 1981, Appeal from the Orders of the Court of Common Pleas, Civil Division, of Allegheny County at G.D. 81-29387 and 81-29388.

COUNSEL

Ralph T. DeStefano, Martin J. Saunders and Brian J. Dougherty, Pittsburgh, for appellants.

Michael Louik and Daniel M. Berger, Pittsburgh, for appellees.

Spaeth, Montgomery and Lipez, JJ. Montgomery, J., files a concurring statement.

Author: Spaeth

[ 294 Pa. Super. Page 408]

This is an appeal from a decree in equity issued during a strike, providing that if the company employs "nonstriking persons to perform any of the jobs of the striking employees," two previously issued consent decrees enjoining mass picketing will be automatically dissolved. We find that in thus conditioning the continued effectiveness of the consent decrees, the chancellor abused his discretion. We therefore order the condition stricken, and reinstate the consent decrees.

On October 31, 1981, the collective bargaining agreement between appellant company and appellee union expired, and on November 1 an economic strike began. On November 2 the company filed verified complaints in the lower court seeking injunctive relief from the union's mass picketing at the company's Swissvale and Wilmerding plants. Two consent decrees issued, specifying how many persons could picket, and at what gates. The decrees were identical except that one applied to the Swissvale, the other to the

[ 294 Pa. Super. Page 409]

Wilmerding, plant. With allowance for specific references to one of the two plants, each decree reads as follows:

DECREE

AND NOW, to wit, this 2nd day of November, 1981, it is hereby ORDERED:

1. That a preliminary injunction is granted, restraining Defendants, their officers, agents, servants, representatives and employees, individually and collectively, and all persons acting in concert with them or on their behalf from doing any of the following acts:

     a. Preventing or attempting to prevent by any species of intimidation, threats, force, coercion, obstruction or turning aside against his will, any of Plaintiff's agents, employees, representatives, and others having business with said Plaintiff, from entering, leaving, and transacting business at Plaintiff's Swissvale plant in Allegheny County;

     b. Picketing, other than peacefully, and unlawfully interfering with the ingress or egress at the Plaintiff's Swissvale plant in Allegheny County;

     c. In any manner conspiring, combining, agreeing and arranging with each other, or with any other person or persons, organizations or association, to unlawfully interfere with or hinder Plaintiff in the conduct of its lawful operations or to interfere with, hinder or annoy any employee or other person having lawful business who may desire to enter or leave said Swissvale plant in Allegheny County of the Plaintiff by force or displays of force or numbers, or by any conduct which tends to deprive any such employee or other person of the free enjoyment of his legal rights of access to or from the Plaintiff's Swissvale plant in Allegheny County;

     d. In any manner performing any of the acts aforesaid so as to induce others to fail to provide or to assist in providing goods, services, transportation and supplies to said Swissvale plant in Allegheny County.

[ 294 Pa. Super. Page 4102]

. That if Defendant United Electrical, Radio and Machine Workers of America Local 610, Daniel Marguriet, Mike Carbo, Frank Colonello, Charles P. Brush or any other person acting in concert with them shall choose to picket, no more than ...


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