Kinloch Tel. Co. v. Local Union No. 2 of Intern. Broth. of Elect. Workers

• Decision Date: 27 June 1921
• Docket Number: 5721.
• Citation: 275 F. 241
• Parties: KINLOCH TELEPHONE CO. et al. v. LOCAL UNION NO. 2 OF INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS et al.
• Court: U.S. Court of Appeals — Eighth Circuit

275 F. 241

KINLOCH TELEPHONE CO. et al. v. LOCAL UNION NO. 2 OF INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS et al.

No. 5721.

United States Court of Appeals, Eighth Circuit.

June 27, 1921

Rehearing Denied October 29, 1921.

Appellants filed a complaint in the court below for the purpose of enjoining appellees from inducing the employees of appellants from breaking their contract with appellants. A motion for a temporary injunction was made by appellants, and the same was heard on the complaint and other evidence submitted by both parties. The motion was denied, and appellants appeal. The facts which are largely undisputed are substantially as follows: Appellants are corporations of the state of Missouri, and have their principal offices in the city of St Louis. Appellee Local Union No. 2 of the International Brotherhood of Electrical Workers is an unincorporated society located at St. Louis, having as its members certain employees of appellants, as well as certain employees of other firms, corporations, and individuals at the same place. It is a branch or local of the International Brotherhood of Electrical Workers, which is a labor organization, national in character, having various subordinate locals in various cities, towns, and villages of the United States. Appellee McSpadden is secretary of the Conference Board of said International Brotherhood of Electrical Workers, appellee Givens is business agent of said Local No. 2, appellee Thompson is vice president of said local, appellee Knoll is financial secretary of said local, and other appellees are members of the executive board of said local. All of appellees reside in the state of Missouri, and have their offices in St. Louis. Locals Nos. 309 and 649 of the International Brotherhood of Electrical Workers are referred to in the evidence, but are not parties to this action. In addition to the above locals the International Brotherhood of Electrical Workers maintains a department known as Telephone Operators' Department of the International Brotherhood of Electrical Workers, and in St. Louis there are six local unions of this department. None of the appellees who are referred to by name are or ever have been employees of appellants, or either of them. Appellant Kinloch Telephone Company, hereinafter for convenience herein referred to as the Kinloch Company, operates telephone exchanges and a telephone system in the states of Missouri and Illinois, and also operates local telephone exchanges at St. Louis, Mo and in other places in the vicinity of St. Louis and East St Louis and other places in the state of Illinois. In St. Louis and vicinity the Kinloch Company has in its local exchange more than 40,000 stations, and in St. Clair county, Ill., has more than 5,000 stations. Its subscribers at such stations are business and manufacturing institutions, banks, offices residences and other places where telephones are usually installed and maintained, and a large majority of its subscribers at said stations have no other means of telephone communication, except through the telephones of the Kinloch Company. The Kinloch Company also supplies private telephone exchange service to the Post Office, Jefferson Barracks, and other governmental agencies at St. Louis. More than 30 per cent. of the business of the Kinloch Company is interstate in character, and consists of the transmission of telephone messages from one state of the United States to other states thereof.

Appellant Kinloch Long Distance Telephone Company of Missouri, hereinafter for convenience herein called the Long Distance Company, operates long distance and toll lines in the states of Indiana, Illinois, Missouri, Kansas, and other states, and also owns and operates local telephone exchanges in the states of Missouri and Illinois. The telephone lines of the Kinloch Company and of the Long Distance Company are connected, and each of said companies also connects with other telephone systems, and by virtue of said connections a vast system of telephone lines are connected together, whereby persons in many states of the United States can communicate by telephone in interstate traffic with persons in other states of the United States. A large proportion of the business of the Long Distance Company is interstate in character. In addition to the telephone lines owned and operated as above, the appellants also own and operate telegraph lines and particularly furnish private telegraph lines to various persons. With the exception of the telegraph line of appellants from St. Louis, Mo., to Kansas City, Mo., all of the telegraph lines of appellants are interstate in character and are used almost exclusively for the transmission of interstate telegraph messages.

Appellant Long Distance Company is the owner of all of the capital stock of the Kinloch Company, and while the telephone plants of the appellants are independently owned, yet as a practical proposition they are operated as one unified system, and employees of one of appellant companies are accustomed to and do perform work and labor for the other of said companies, and vice versa. This is particularly so in the exchange and lines of the appellants at St. Louis and vicinity. The distribution of the expense of labor, etc., is a matter of bookkeeping and accounting between the two companies. At St. Louis, Mo., the employees of appellants are employed by the Kinloch Company, although as above stated they are accustomed to and do perform work and labor for the Long Distance Company. In order to keep their telephone lines, instruments, and other facilities in proper working order and repair, in order to keep their appliances in proper condition for practical telephone service, and in order to install new facilities, it is necessary for appellants to keep in their employ a large number of linemen, cable splicers, testers, troublemen, and helpers. At St. Louis, Mo., in the proper conduct of its business, at the time of the controversy herein set forth, it was necessary for appellants to keep approximately 150 of such employees, in order to properly keep their telephone appliances and facilities in proper repair, and in order to install new facilities and appliances, and to do other work in connection with the telephone system in order that the appellants might properly carry out and perform their duties as common carriers in both intrastate and interstate commerce. At the times mentioned, in order to fully perform such duties, appellants, necessarily required 150 employees in these departments and also required a large number of telephone operators to handle the transmission of both intrastate and interstate messages. At the time in question, of such 150 employees, some were members of the International Brotherhood of Electrical Workers and some were not, and at said times some of appellants' operators were members of the Telephone Operators' Department of said union and some were not. This was in accordance with the open shop policy of appellants which had been maintained by them for many years and which, as hereinafter shown, was maintained by agreement with the International Brotherhood. Each of appellants at all of the times in question was subject to the provisions of the Interstate Commerce Act of the United States, each was engaged to a great extent in Interstate Commerce, and each had, long prior to the times in question, accepted and were subject to the provisions of the act of July 24, 1866, and known as the Post Roads Act, and each had, long prior to the times in question, filed with the Postmaster General of the United States of America, their written acceptance of the restrictions and obligations required by law, and thereby became entitled to exercise the powers and privileges conferred by said Post Roads Act, and became subject to the liabilities and duties imposed upon them by virtue thereof. Under and by virtue of the laws of the United States, among other things, all letter carrier routes established in any city or town for the collection and delivery of mail matter are declared to be post roads, as well as all public roads and highways while kept and maintained as such. More than 75 per cent. of the telephone and telegraph lines of each of appellants are located on streets in towns and cities, which streets are letter carrier routes, or are located upon public roads and highways which are kept and maintained as such. Under and by virtue of said Post Roads Act appellants have the right to construct, maintain, and operate their line through and over any portion of the public domain of the United States, and over and along any military or post roads of the United States, and over, under, or across the navigable streams or waters of the United States. It is also provided by said Post Roads Act that any company which has filed its written acceptances of the provisions thereof with the Postmaster General, which shall by its agents or employees refuse or neglect to transmit messages, as provided by said act, shall be subject to a penalty. The Post Roads Act (Comp. St. Sec. 10072 et seq.) also provides that any company that has accepted the provisions thereof shall so operate its lines as to provide equal facilities to all without discrimination in favor of or against any person, company, or corporation whatever. Heavy penalties, both of a criminal and a civil nature, are imposed by the Post Roads Act against any company which has accepted the act and which violates the provisions thereof.

On or about July 1, 1919, a dispute existed between the Kinloch Company acting for itself and for the Long Distance Company and certain of its employees who were members of said Local No. 2, as well as certain of its employees who were members of Locals Nos. 309 and 649. After...