United Brick & Clay Workers v. Junction City Clay Co., 10311.

• Decision Date: 23 December 1946
• Docket Number: No. 10311.,10311.
• Citation: 158 F.2d 552
• Parties: UNITED BRICK & CLAY WORKERS OF AMERICA v. JUNCTION CITY CLAY CO. et al.
• Court: U.S. Court of Appeals — Sixth Circuit

158 F.2d 552 (1946)

UNITED BRICK & CLAY WORKERS OF AMERICA v. JUNCTION CITY CLAY CO. et al.

No. 10311.

Circuit Court of Appeals, Sixth Circuit.

December 23, 1946.

H. M. Rust, of Mansfield, Ohio, for appellant.

Louis E. Penfield and Cornelius J. Petzhold, both of Cincinnati, Ohio (Gerhard P. Van Arkel, A. Norman Somers, Dominick L. Manoli, and William J. Avrutis, all of Washington, D. C., Hubbard, Baker & Rice, of Chicago, Ill., Francis M. Thompson, of Columbus, Ohio, and Schweid, Snyder, Torbet & Zucker, of Cleveland, Ohio, on the brief; Paul H. Torbet, of Cleveland, Ohio, of counsel), for appellees.

Before ALLEN, MARTIN and MILLER, Circuit Judges.

PER CURIAM.

The appellant filed an action in the District Court, alleging that the appellees had engaged in a conspiracy in violation of the Sherman Anti-Trust Act, 15 U.S.C. § 1 et seq., 15 U.S.C.A. § 1 et seq., and of the National Labor Relations Act, 29 U.S.C. § 151 et seq., 29 U.S.C.A. § 151 et seq., and seeking equitable relief. The District Court dismissed the action.

The complaint in substance alleges that the appellant, the national organization of workers in the brick and clay industry, filed various petitions for elections with appellee Martin Wagner, regional director of the National Labor Relations Board, asking to be certified as the exclusive bargaining agent for the employees of the Junction City Clay Company and the Logan Clay Products Company, two of the appellees; that the regional director conspired with the Logan Clay Products Company and Stevenson, Jordan and Harrison, Inc., an organization which, among other things, furnishes strikebreakers to employers, through its agent, appellant Marcellus, and pursuant thereto "delayed holding said elections until such time as the employers in conspiracy with said Stevenson, Jordan and Harrison, Inc. and other conspirators had destroyed and dissipated the majority of employees" of the Logan Clay Products Company who had selected the appellant as their bargaining agency. The complaint also avers that the appellant filed a similar petition with the regional director to be certified as the exclusive permanent agent for the employees of appellee the Junction City Clay Company; that appellee Pierce, a field examiner of the Board, conspired with appellee Marcellus and appellee the Junction City Clay Company, and demanded of appellant's agent that the petition be withdrawn under the pretense that the Junction City Clay Company already had a collective bargaining agreement for its employees. It is further alleged that when the agent of the appellant did not withdraw the petition, the Junction City Clay Company discharged nine employees, members of appellant's union, because of their union activities and in order to destroy appellant's majority among its employees. Appellant prayed for an injunction ordering appellees to cease from further acts in furtherance of the conspiracy, and a decree ordering appellees the Junction City Clay...