Crawford v. United Steelworkers, AFL-CIO

• Decision Date: 11 October 1985
• Docket Number: 820938 and 820948,Nos. 820922,AFL-CIO,s. 820922
• Citation: 230 Va. 217,335 S.E.2d 828
• Court: Virginia Supreme Court
• Parties: , 120 L.R.R.M. (BNA) 3142, 118 Lab.Cas. P 56,540 Larry CRAWFORD, et al. v. UNITED STEELWORKERS,, et al. Kermit STEVERS v. G.W. KEFFER, et al. M.E. COLLINS, et al. v. Larry CRAWFORD, et al. * Record

Page 828

335 S.E.2d 828

230 Va. 217, 120 L.R.R.M. (BNA) 3142, 118 Lab.Cas. P 56,540

Larry CRAWFORD, et al. v. UNITED STEELWORKERS, AFL-CIO, et al.

Kermit STEVERS v. G.W. KEFFER, et al.

M.E. COLLINS, et al. v. Larry CRAWFORD, et al. ^*

Record Nos. 820922, 820938 and 820948.

Supreme Court of Virginia.

Oct. 11, 1985.

James Newton Wilhoit, III, McLean (James L. Hutton, Ingram, Sutherland & Hutton, Blacksburg, on briefs), for appellants in No. 820922.

Jeremiah A. Collins, Washington, D.C. (Michael H. Gottesman, David M. Silberman, Washington, D.C., Robert H. Stropp, Jr., Birmingham, Ala., C. Barry Anderson, Radford, R. Keith Neely; John S. Huntington, Christiansburg, Bredhoff & Kaiser, Washington, D.C., Cooper, Mitch & Crawford, Birmingham, Ala., Goldsmith & Anderson, Radford, on brief), for appellees in No. 820922.

R. Keith Neely, John S. Huntington, Christiansburg, on brief, for appellant in No. 820938. Appellant submitting on brief.

James Newton Wilhoit, III, McLean (James L. Hutton, Ingram, Sutherland & Hutton, Blacksburg, on brief), for appellees in No. 820938.

Jeremiah A. Collins, Washington, D.C. (Michael H. Gottesman, Washington, D.C., Robert H. Stropp, Jr., Birmingham, Ala., C. Barry Anderson, Radford, Bredhoff & Kaiser, Washington, D.C., Cooper, Mitch & Crawford, Birmingham, Ala., Goldsmith & Anderson, Radford, on brief), for appellants in No. 820948.

James Newton Wilhoit, III, McLean (James L. Hutton, Ingram, Sutherland & Hutton, Blacksburg, on brief), for appellees in No. 820948.

Virginia Chamber of Commerce (James A. Harper, Jr., J. Scott Robinson, Hunton & Williams, Richmond, on brief), for amicus curiae appellees in No. 820948.

Present: All the Justices.

THOMAS, Justice.

I. Background

These three appeals arise out of a protracted, hotly contested labor dispute. In August 1977, United Steelworkers of America, AFL-CIO, Local 14948 (the Local), with approval of its parent organization, United Steelworkers of America AFL-CIO (the International), went on strike against Virginia Lime Company (Virginia Lime). The strike lasted eighteen months. Shortly after the strike began, Virginia Lime, in a proceeding separate from these appeals, secured an injunction against the Local to curtail improper conduct on the picket line. However, even after the injunction, complaints of wrongful activities on the part of the Local and its members continued.

The alleged wrongful activities served as the bases for the multi-count motion for judgment filed below. The plaintiffs ¹ were individuals who worked at Virginia Lime while the strike was underway. In order to get to and from work, these individuals crossed the Local's picket line. The plaintiffs below are the appellants in Record No. 820922.

In their suit, the plaintiffs sought injunctive relief and money damages against the Local, the International, and certain individuals, ² all of whom, save one, were members of the Local. Plaintiffs contended, in summary, as follows: that the suit arose under Code § 8.01-45 (generally referred to as the insulting words statute), as well as under the common law of Virginia; that the Local acted as agent for the International in all events complained of, thereby rendering the International responsible for the acts and omissions of the Local; that defendants violated the terms of a September 3, 1977 injunction which set forth rules regarding picketing; that defendants threatened plaintiffs with death and/or great bodily harm whenever any of the plaintiffs entered or exited Virginia Lime; that certain of the plaintiffs were shot at by certain of the defendants; that the defendants assaulted and battered the plaintiffs; that the defendants restrained or attempted to restrain the plaintiffs from exercising their right to free and unimpeded movement to and from the property of Virginia Lime; that the defendants violated Code § 8.01-45 by the use of insulting and abusive words aimed at the plaintiffs; and that the defendants intentionally inflicted emotional distress on the plaintiffs.

The case went to trial on May 26, 1981. After considering extensive and conflicting testimonial evidence, the trial court rejected virtually all of plaintiffs' contentions. More specifically, the court ruled as follows: that the motion to strike of defendants Russell B. White, L.A. Higgenbotham, C.E. Fields, W.T. Link, K.W. McManama, D.W. Myers, and L.R. Simpkins was granted; that the Local acted as agent for the International; that the words "scab," "scabby," "nigger," "bastard," and "son-of-a-bitch" were not actionable under Code § 8.01-45; that the words "cocksucker" and "motherfucker" were actionable under Code § 8.01-45; that there was no violation of Code §§ 40.1-53, 40.1-66, or 40.1-67, which concern picketing and right to work; that there was no intentional infliction of emotional distress; that there was no assault and battery; and that certain specified plaintiffs were entitled to recover from certain specified defendants $1,000.00 in compensatory damages and $10,000.00 in punitive damages. The three instant appeals question different aspects of the trial court's order.

In the first appeal, Record No. 820922, the original plaintiffs raise three issues which have been properly preserved for review by this Court: (1) whether the trial court erred in failing to find violations of Code §§ 40.1-53, 40.1-66, and 40.1-67; (2) whether the trial court erred in failing to find intentional infliction of emotional distress; and (3) whether the trial court erred in sustaining the motion to strike of White, Higgenbotham, Fields, Link, McManama, Myers, and Simpkins.

On brief, the original plaintiffs also assigned error to the trial court's ruling that the words "nigger," "bastard," and "son-of-a-bitch" were not actionable, and its failure to award damages for assault and battery. However, those matters were not mentioned in oral argument and counsel did not rely on his brief with regard to them. Therefore, in keeping with settled practice in the Commonwealth, we will not consider them here. See Stevens v. Ford Motor Co., 226 Va. 415, 417 n., 309 S.E.2d 319, 320-21 n. (1983). See Also Rule 5:35(d) effective August 1, 1985.

In the second appeal, Record No. 820938, Kermit Stevers, the only defendant not a member of the Local, appealed separately and raised the following issues which have been properly preserved for review by this Court: (1) whether the trial court erred in imposing liability on the basis of Code § 8.01-45, in that the two words found actionable were not defamatory; (2) whether the trial court erred in imposing liability on the basis of Code § 8.01-45, in that federal law preempts matters of defamation within a labor context; and (3) whether the trial court erred in imposing liability on the basis of Code § 8.01-45, in that such liability is barred by the First Amendment.

Stevers made three additional assignments of error. Two concern sufficiency of the evidence of his liability. The other contends that, within the labor context, punitive damages are barred by the First Amendment. However, these three matters were not mentioned in oral argument and counsel did not rely on his brief with regard to them. Therefore, the three additional issues will not be considered. Stevens, 226 Va. at 417 n., 309 S.E.2d at 320-21 n.

In the third appeal, Record No. 820948, the Local, the International, and the four other individual defendants who were found liable by the trial court raised the following issues which were properly preserved for review by this Court: (1) whether the trial court erred in imposing liability on the basis of Code § 8.01-45, in that the two words found actionable were not defamatory; (2) whether the trial court erred in imposing liability on the basis of Code § 8.01-45, in that federal law preempts matters of defamation within a labor context; (3) whether the trial court erred in imposing liability on defendants in violation of the First Amendment; (4) whether the trial court erred in holding the Local and International liable on common law agency principles; and (5) whether the trial court erred in holding the Local and International liable in light of the First Amendment and federal preemption of labor law.

The appellants in the third appeal made three additional assignments of error. One concerned sufficiency of the evidence and the two others concerned the award of punitive damages. However, these three matters were not mentioned in oral argument and counsel did not rely on his brief with regard to them. Therefore, we will not consider them. Stevens, 226 Va. at 417 n., 309 S.E.2d at 320-21 n.

Though from a technical standpoint this opinion must dispose of three appeals, the matter is simpler than that. The original plaintiffs contend, in essence, that relief should have been granted on more than a single ground and against more defendants. On the other hand, the defendants, those found liable, contend that they should not have been found liable on any ground. For reasons set forth below, we think the defendants are correct.

II. Facts ³

The strike began on August 26, 1977, following a strike vote by the Local. On September 3, 1977, Virginia Lime secured an injunction against the strikers. The injunction laid down rules for the continuation of the strike. In November 1977, the Local voted to continue the strike. The strike was occasioned by acts of violence and intimidation. Ultimately, according to representations in oral argument, the Local and International were decertified as bargaining agents for the workers at Virginia Lime.

Larry Crawford testified about wrongful acts directed towards him. When he first went to the Virginia Lime plant to apply for work, he was stopped at the picket line where defendant Russell B. White told Crawford that the union was on strike and Crawford should "get the hell out of there." Kermit Stevers, another defendant, shot the "bird" ⁴ at Crawford, tried to run Crawford off...