Ex parte Edgerly

• Citation: 441 S.W.2d 514
• Decision Date: 28 May 1969
• Docket Number: No. B--1320,B--1320
• Parties: 72 L.R.R.M. (BNA) 2069 Ex parte Nelson D. EDGERLY et al., Relators.
• Court: Supreme Court of Texas

Page 514

441 S.W.2d 514

72 L.R.R.M. (BNA) 2069

Ex parte Nelson D. EDGERLY et al., Relators.

No. B--1320.

Supreme Court of Texas.

May 28, 1969.

Long & Parker, Carl A. Parker, Port Arthur, Dixie, Wolf & Hall, Robert E. Hall and Chris Dixie, Houston, for relators.

Oliver Butler, Jr., Houston, W. N. Sands, Stubbeman, McRae, Sealy & Laughlin, W. B. Browder, Jr., Midland, for respondent.

SMITH, Justice.

This original habeas corpus proceeding was filed in this Court by Relators, Nelson D. Edgerly, Sidney E. Johnson, H. H. Allen, J. M. Allen, Larry Stefflen, David P. Casey, Floyd Forse, Carl B. Hall and H. A. Uzee, seeking to be discharged from an order of the District Court of Midland County, Texas, committing them to jail for contempt. The contempt proceeding had its origin as a result of the following proceedings.

On January 3, 1969, Texaco, Inc., as Plaintiff, filed cause of action No. 23,878, styled Texaco, Inc. v. Oil, Chemical and Atomic Workers International Union, AFL-CIO, et al, in the 142nd District Court of Midland, Texas, alleging that there was in existence between it and the Defendant labor organizations valid collective bargaining contracts effective until January 10, 1969, containing 'no-strike clauses' at certain of Texaco's facilities located in Jefferson County, Texas. It was alleged that on January 3, 1969, the Defendant unions notified and advised Texaco, Inc. that it was their intention to 'strike Plaintiff and to place pickets and picket lines at the various entrances to Plaintiff's * * * places of business and manufacturing establishments in Jefferson County, Texas, effective at midnight, January 3, 1969.' The Honorable Perry D. Pickett, the Resident Judge of the 142nd Judicial District Court of Midland County, Texas, being absent and unavailable, the petition, which contained a prayer for a temporary restraining order, was presented to the Honorable Charles Sherrill, Judge of the District Court of Pecos County, Texas. On the same day, Judge Sherrill, without a hearing:

'ORDERED, ADJUDGED AND DECREED that the Clerk of the District Court of Midland County, Texas issue a temporary Restraining Order in all things as prayed for in said Petition, operative and effective until Midnight, January 10, 1969, restraining the Defendants, Oil, Chemical and Atomic Workers International Union, AFL-CIO, Local No. 4--23, Oil, Chemical and Atomic Workers International Union, AFL-CIO, William J. Mock, and all of the officers, agents, representatives, and members of Oil, Chemical and Atomic Workers International Union, AFL-CIO, and Local No. 4--23, Oil, Chemical and Atomic Workers International Union, AFL-CIO, and those acting in concert therewith, as a class, from any and all of the following,

'(1) Engaging in a strike against Plaintiff's Port Arthur Plant, Port Arthur package division, Port Arthur terminal, or Midland place of business, prior to midnight, January 10, 1969;

'(2) Picketing, prior to midnight, January 10, 1969, any entrance to Plaintiff's Port Arthur plant, Port Arthur package division, Port Arthur terminal, or Midland plance of business which are customarily used by Plaintiff's employees:

'(3) Engaging in any other conduct or activities, prior to midnight, January 10, 1969, the nature of which directly or indirectly is to secure the disregard, breach or violation of the existing collective bargaining agreements between Plaintiff and Defendants covering employees of Plaintiff's Port Arthur plant, Port Arthur package division or Port Arthur terminal;

'(4) Causing or soliciting employees of Plaintiff's Port Arthur plant, Port Arthur package division or Port Arthur terminal to strike or otherwise refuse to work or perform services for Plaintiff prior to midnight, January 10, 1969;

'(5) Using any force or violence or threatening or attempting to use any force or violence to prevent or attempt to prevent any employees of Plaintiff's Port Arthur plant, Port Arthur package division, Port Arthur terminal or Midland office, from engaging in his lawful occupation or to prevent or attempt to prevent any other person from engaging in any other such lawful occupation, * * *'

The order was made returnable on January 13, 1969, before the District Court of Midland County,...