Armco Steel Corp. v. Perkins
| Court | United States State Supreme Court (Kentucky) |
| Citation | 411 S.W.2d 935 |
| Parties | ARMCO STEEL CORPORATION, Appellant, v. John M. PERKINS et al., Appellees. |
| Decision Date | 24 February 1967 |
Page 935
v.
John M. PERKINS et al., Appellees.
Robert T. Caldwell, Bunyan S. Wilson, Jr., Ashland, for appellant.
Claude Asbury, Catlettsburg, for appellees.
WADDILL, Commissioner.
The judgment entered herein permanently enjoins the appellees, members of a
Page 936
group calling themselves 'Loyal Volunteers,' from committing violence (and other related acts) at or near the plant of appellant, Armco Steel Corporation, and, on the basis of lack of jurisdiction, denies a permanent injunction prohibiting peaceful picketing of Armco's plant. Armco appeals from so much of the judgment as denies it a permanent injunction against all picketing by the appellees at its plant. Pending appeal, this court reinstated a temporary injunction prohibiting appellees from picketing.Insofar as relevant to this appeal, the trial court found that: Armco's 3900 non-supervisory employees are members of Local Union 1865, United Steelworkers of America, their exclusive bargaining agent with Armco; the collective bargaining contract between Armco and the union has a 'nostrike' clause and provides a procedure for the settlement of all grievances; in April, 1966 individual employees of Armco, including appellees, formed a labor organization called the 'Loyal Volunteers' which, without the sanction of their union, set up a picket line at Armco in violation of the 'no-strike' clause of their union contract; when the other employees refused to cross the picket line Armco was forced to close for several days; the 'Loyal Volunteers' alleged various grievances against Armco and sought, by the picket line, to force Armco to negotiate these grievances with them without resorting to the grievance provisions of their union's contract with Armco.
Upon these findings the trial court concluded that the picketing was unlawful, constituting an unfair labor practice under 29 U.S.C. § 158, and that the National Labor Relations Board had exclusive jurisdiction under the pre-emption doctrine. San Diego Building Trades Council, etc., v. Garmon, 359 U.S. 236, 79 S.Ct. 773, 3 L.Ed.2d 775, and R. H. Hobbs Company v. Christian, Ky., 325 S.W.2d 329.
The sole contention on this appeal is that the trial court erred in deciding that it has no jurisdiction to enjoin unlawful picketing.
Armco asserts that the trial court did have jurisdiction under the provisions of § 301(a) of the Labor...
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