529 P.2d 785 (Mont. 1974), 12765, State By and Through Dept. of Highways v. Public Emp. Craft Council of Montana

Docket Nº:12765.
Citation:529 P.2d 785, 165 Mont. 349
Opinion Judge:[8] MR. CHIEF JUSTICE JAMES T. HARRISON DELIVERED THE OPINION OF THE COURT.
Party Name:The STATE of Montana, Acting By and Through the DEPARTMENT OF HIGHWAYS of the State of Montana, Plaintiff and Appellant, v. PUBLIC EMPLOYEES CRAFT COUNCIL OF MONTANA et al., Defendants and Respondents.
Attorney:[7] Jack Holstrom argued and Daniel J. Sullivan appeared, Highway Legal Department, Helena, for plaintiff and appellant. Hilley & Loring, Great Falls, Benjamin W. Hilley argued and Emilie Loring argued, Great Falls, for defendants and respondents.
Case Date:December 09, 1974
Court:Supreme Court of Montana
 
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Page 785

529 P.2d 785 (Mont. 1974)

165 Mont. 349

The STATE of Montana, Acting By and Through the DEPARTMENT

OF HIGHWAYS of the State of Montana, Plaintiff and Appellant,

v.

PUBLIC EMPLOYEES CRAFT COUNCIL OF MONTANA et al., Defendants

and Respondents.

No. 12765.

Supreme Court of Montana.

December 9, 1974

Submitted Nov. 18, 1974.

[165 Mont. 350] Jack Holstrom argued and Daniel J. Sullivan appeared, Highway Legal Department, Helena, for plaintiff and appellant.

Hilley & Loring, Great Falls, Benjamin W. Hilley argued and Emilie Loring argued, Great Falls, for defendants and respondents.

JAMES T. HARRISON, Chief Justice.

This case involves a strike by approximately 285 teamsters operating engineers, machinists, laborers, and painters employed by appellant Montana Department of Highways to perform all highway maintenance functions on interstate, primary, and certain secondary roads in the Butte, Great Falls, Missoula, Bozeman, and Helena areas. These employees were responsible for the repair, reconditioning, and general

Page 786

upkeep of roughly 3,000 miles of roads. Their major duties were: removing snow and ice from the traveled surfaces and applying traction materials such as sand and chemicals; patching, resurfacing, and regrading road surfaces; repairing bridges and other highway structures; repairing, replacing, or installing snow fences, culverts, ditches, fences, traffic safety devices,[165 Mont. 351] signs and signals, guardrails, and traffic delineators within right-of-way limits; stockpiling traction materials for snow season use; repairing and maintaining roadside rest areas, litter barrels, and compsites; repairing and maintaining state motor pool vehicles, snow plows, road patrols, caterpillars, and other equipment utilized in appellant's maintenance operations; and performing services during emergencies, such as assisting stranded motorists, removing obstructions (over-turned vehicles, rock slides, etc.), and providing traffic control. Of necessity, these activities were performed on a 24 hour basis.

The strike by respondent Public Employees Craft Council against appellant occurred on January 21, 1974, and appellant applied to the district court of Lewis and Clark County the same day for a temporary restraining order prohibiting the strike. The district court granted appellant's request and scheduled a show cause hearing to determine whether the strike should be permanently enjoined. Respondent filed a motion to dismiss appellant's complaint, and a show cause hearing thereon was scheduled for March 28, 1974.

At the hearing on the motion to dismiss, the allegations contained in appellant's complaint-including those relating to disruption of highway...

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