Best Motor Lines v. International Broth. of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local No. 745

• Decision Date: 21 February 1951
• Docket Number: No. A-2739,A-2739
• Citation: 237 S.W.2d 589,150 Tex. 95
• Parties: BEST MOTOR LINES v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OFAMERICA, LOCAL NO. 745, et al.
• Court: Texas Supreme Court

Page 589

237 S.W.2d 589

150 Tex. 95

BEST MOTOR LINES v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS,

WAREHOUSEMEN & HELPERS OFAMERICA, LOCAL NO. 745, et al.

No. A-2739.

Supreme Court of Texas.

Feb. 21, 1951.

Rehearing Denied April 11, 1951.

Rawlings, Sayers, Scurlock & Daly, Fort Worth, for petitioner.

Mullinax, Wells & Ball, Dallas, Dixie & Ryan (Chris J. Dixie), Houston, for respondents.

SMITH, Justice.

In this suit, filed by petitioner, Best Motor Lines, a temporary injunction was issued in the trial court, after a hearing without a jury, against International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local No. 745; four of its officials and representatives, to-wit: M. R. Dixon, M. W. Miller, J. C. Stewart and Don Vestal; certain individual employees of the plaintiff, to-wit: George Prda, George Franklin, J. C. Crouch, D. J. Green, Alma Davenport, Audra Torrance and Betty Ruth Messenger; and five truck lines; namely, Keystone Freight Lines, D. C. Hall Transport, Inc., Southern Express, Inc., Yellow Transit Company and Sunset Motor Lines, which had been doing business with the plaintiff.

The Union, its officers and representatives and six of the employees of the plaintiff appealed to the Court of Civil Appeals, Fifth District, at Dallas. Upon order of the Supreme Court, this cause was transferred to the Court of Civil Appeals, Seventh District, Amarillo, Texas. That court reversed the judgment of the trial court and dissolved the temporary injunction. However, on motion for rehearing the Court of Civil Appeals expressly stated that the temporary injunction was not disolved in so far as it applied to the defendant truck lines. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local No. 745, et al. v. Best Motor Lines, 229 S.W.2d 912.

Defendant D. J. Green, one of the employees of plaintiff, and the five truck lines did not appeal; therefore, no notice will be teken in this opinion of the injunction in so far as it affects them.

It was stipulated in the trial that Best Motor Lines was and is a Texas corporation with its principal office in Dallas, Dallas County, texas; that it is a common carrier of freight engaged in both interstate and intrastate commerce. It is further established that it operates from, to and between the cities of Dallas, in Texas; Tulsa, Oklahoma, in Oklahoma; St. Louis, Missouri; Chicago, Illinois; Akron, Ohio; Cleveland, ohio, and many intermediate points.

The defendant truck lines are also common carriers of freight engaged in both interstate and intrastate commerce. Plaintiff, Best Motor Lines, had labor contracts with the defendant Local Union No. 745 covering its city pick-up and delivery drivers, dock workers and line drivers.

It was further stipulated that Best Motor Lines had never had any labor contract, or contracts, with Local No. 745, or any other labor organization, covering the clerks or clerical workers.

It was further stipulated that neither Local 745 nor any of the other Union defendants had ever been certified by the National Labor Relations Board as the exclusive bargaining agent under Section 9 or any other section of the Labor Management Relations Act, 29 U.S.C.A. §§ 141 et seq., 151 et seq., 159, or its predecessor act, nor had such local been certified by any of the terms or sections of said Act or its predecessor as the exclusive bargaining agent for the clerks or clerical workers, nor had said local ever been certified as exclusive bargaining agent of or for the line drivers of plaintiff, or the city pickup and delivery drivers, and dock workers of plaintiff.

Each of the defendant truck lines had a contract with respondent, Local No. 745, similar in nature to the contract between Best Motor Lines and said Local No. 745 covering the same class of employees and each of the contracts, including that between the Union and Best Motor Lines, provided that the carrier 'did not request, instruct or require (their) employees to go through a picket line of a striking union.' (Emphasis ours)

Best Motor Lines and the truck line defendants, all being engaged in the transportation of commodities generally for hire, by express contract agreed to transfer, exchange and interline freight one with the other to points in Texas and other states not being served by the carrier exchanging or interlining said freight.

Prior to the establishment and maintenance of the picket line at petitioner's place of business, all of the said motor carriers had observed and respected said interline regulations and agreements and had interlined and exchanged freight one with the other.

The respondents claim that the facts in this case show that the conduct and actions of all of the defendants and the labor union and the employee defendants were in keeping with the contract and agreement that no employee would be required or requested to go through a picket line of a striking union and that there existed a valid labor dispute, and the picketing being peaceful, there was no violation of the Anti-Trust laws, and therefore, the injunction should not have been granted in the first instance by the trial court, and that the Court of Civil Appeals was correct in dissolving the injunction. The Court of Civil Appeals held that the evidence introduced by the petitioner in the trial court failed to show a violation of the Anti-Trust laws, or of any of the statutes as found by the trial court. Therefore, it becomes necessary for us to examine the pleadings and evidence on this particular issue.

In order to present clearly the issue which was before the trial court, we quote from plaintiff's petition as follows:

'On or about the 30th of November, 1948, (or at least a short time prior to January 3, 1949), union defendants, Dixon, Stewart and Vestal, two or more, met in the apartment of Betty Messenger and Audra Torrance at which time there was present Alma Devanport, George Franklin, J. C. Crouch, D. J. Green and George Prda, where the said agents of Local No. 745 explained and proposed contract to said persons and urged the signing thereof and stated that if the company refused to sign said contract that a strike would be called and a picket line established; that the city drivers and dockmen would also go on strike and refuse to work; that city cartage companies and other motor carriers, including truck line defendants would be contacted and prevented from transacting any type of business with plaintiff; that plaintiff's line drivers coming into the Dallas terminal would refuse to drive its equipment or transport its commodities as long as said picket line was maintained and the company would be either forced and compelled thereby to sign the demands and contract of the union and to recognize said union as the bargaining agent of the minority group or else the company would have to cease doing business. George Prda, one of the dock workers acting for himself and others present, definitely stated that if the company refused to sign the contract or recognize the union as the bargaining agent for the clerks, that he and others employed by the company on dock would go out on strike. The business agents and representatives of Local No. 745 agreed and acquiesced in their proposal of said contract and assured other defendants that such course of conduct would be approved and endorsed and adopted as their own acts; and thereafter, on or about the 30th day of December, 1948, the contract was presented to plaintiff's General Manager, and he was requested to sign it without being given time to read or observe contents thereof, and said General Manager advised said business agents that the local had not been certified as the bargaining agent for said clerks and that the company had no way of knowing that a majority thereof had selected said local to act for them and declined to sign the contract until it was furnished with such proof. Said business agents immediately thereafter called the strike and the city drivers and dockmen called their strike and quit work and went on the picket line with the other defendants to help maintain and carry out their unlawful agreement and conspiracy. Union defendants Dixon, Stewart and Vestal, one or more, on or about January 5th, 6th and 7th, the exact date being unknown to plaintiff, but well known to defendants, talked to the authorized agents and representatives of all the truck line defendants named herein and advised them not to interchange trailers or freight with plaintiff and not to transact any kind of transportation business with plaintiff upon threat of a picket line around their respective terminals in Dallas, further stating to said truck line defendants that any freight exchanged or interlined with plaintiff was declared to be unfair and hot goods and demanded that same not be interlined or handled by any of them. Ace Cartage Company of Dallas had been transporting locally and otherwise some of the freight of plaintiff and said defendants demanded of Ace Cartage Company that it cease to transport such freight. As result of said threats, demands and requests, each and all of said companies refused to interline or exchange freight with plaintiff at any point. On or about December 31, 1948, the union agent presenting the contract told the General Manager Weber that unless that contract was signed and the local recognized as the bargaining agent, a strike would be called and maintained until such contract was signed and agents acknowledged. The defendant, Vestal, told Weber that the union was really after the company now, since the company's shopmen or mechanics had applied for and voted for decertification of said union, further stating to Weber that the law is with you now and you are within your rights, but we are going to have that law changed. * * *'

On February 14, 1949 all of the defendants, except D. J. Green, and the five truck lines filed their answers, and...