International Union, United Auto., Aircraft and Agr. Implement Workers of America, C.I.O. v. Russell, 8 Div. 751
Decision Date | 22 March 1956 |
Docket Number | 8 Div. 751 |
Parties | , 62 A.L.R.2d 669 INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C.I.O., et al. v. Paul S. RUSSELL. |
Court | Alabama Supreme Court |
Count One of the complaint, as amended, is as follows:
These charges were given at plaintiff's request:
The following requested charge was refused to defendant:
Adair & Goldthwaite, Atlanta, Ga., Harold A. Cranefield, Detroit, Mich., and Sherman B. Powell, Decatur, for appellants.
Horace C. Wilkinson, Birmingham, and Julian Harris and Norman W. Harris, Decatur, for appellee.
Cooper, Mitch & Black, Birmingham, for Congress of Industrial Organizations, American Federation of Labor, etc., amici curiae.
This is the second appeal in this cause. Paul S. Russell brought suit against International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, C.I.O., an unincorporated organization, and other unions, later stricken by amendment, and Michael Volk, and other individuals, who were also stricken by amendment. Michael Volk is a resident of the State of Alabama and a member of the International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, C.I.O., an unincorporated organization. The defendants filed a plea to the jurisdiction, to which the plaintiff demurred. The court overruled the demurrer to the plea and because of this adverse ruling, the plaintiff took a nonsuit and appealed on the record, as authorized by Sec. 819, Tit. 7, Code 1940. On that appeal, this court held that the Circuit Court of Morgan County, Alabama, did have jurisdiction of the cause of action stated in the complaint and reversed and remanded the cause to the Circuit Court of Morgan County. Russell v. International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, C.I.O., 258 Ala. 615, 64 So.2d 384.
After the cause was remanded to the circuit court, that court set aside its judgment of nonsuit and reinstated the cause on the trial docket. Thereafter, some amendments were made to the complaint, and the complaint as last amended contained two counts which were substantially the same as the counts before this court on former appeal. The plea to the jurisdiction of the court was refiled and demurrers thereto were sustained by the trial court. Demurrers to each count of the complaint being overruled, defendants entered a plea of the general issue in short by consent with leave, etc. The case was then tried by a jury and resulted in a verdict for the plaintiff for $10,000, and the defendants bring this appeal.
The question of jurisdiction is again raised and argued. Since our decision on former appeal, the Supreme Court of Virginia rendered its decision in the case of United Construction Workers v. Laburnum Construction Corp., 194 Va. 872, 75 S.E.2d 694, 699. The Virginia Court there said:
'It is settled by recent decisions of the Supreme Court of the United States that by the passage of the National Labor Relations Act of 1935, 49 Stat. 449, 29 U.S.C.A. § 151 et seq. as amended by the Labor Management Relations Act of 1947, 61 Stat. 136, 29 U.S.C.A. § 141 et seq., Congress has occupied and closed to the States the field of 'regulation of peaceful strikes for higher wages' in industries engaged in interstate commerce. International Union, etc. v. O'Brien, 339 U.S. 454, 457, 70 S.Ct. 781, 783, 94 L.Ed. 978; Amalgamated Ass'n, etc. v. Wisconsin Employment Rel. Bd., 340 U.S. 383, 390, 71 S.Ct. 359, 363, 95 L.Ed. 364.
'But this is not to say that by the passage of the Act the courts of the several States have been deprived of their traditional power and jurisdiction to deal with unlawful conduct committed within their respective territorial limits during the course of a labor dispute which may affect interstate commerce. The Supreme Court has repeatedly held that an 'intention of Congress to exclude states from exerting their police power must be clearly manifested.' Allen-Bradley Local, etc. v. Wisconsin Employment Rel. Bd., 315 U.S. 740, 749, 62 S.Ct. 820, 825, 86 L.Ed. 1154, and cases there cited. As was said in Kelly v. State of Washington, 302 U.S. 1, 10, 58 S.Ct. 87, 92, 82 L.Ed. 3, '* * * the exercise by the state of its police power, which would be valid if not superseded by federal action, is superseded only where the repugnance or conflict is so 'direct and positive' that the two acts cannot 'be reconciled or consistently stand together.''
'In Erwin Mills, Inc., v. Textile Workers Union of America, 234 N.C. 321, 67...
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