Food Fair Stores, Inc. v. Retail Clerks District Council No. 11
Decision Date | 11 March 1964 |
Docket Number | Civ. A. No. 35239. |
Citation | 229 F. Supp. 123 |
Parties | FOOD FAIR STORES, INC., a corporation, Plaintiff, v. RETAIL CLERKS DISTRICT COUNCIL NUMBER 11, et al., Defendants. |
Court | U.S. District Court — Eastern District of Pennsylvania |
Shapiro, Rosenfeld, Stalberg & Cook, by Harry Shapiro, and Philip P. Kalodner, Philadelphia, Pa., Theodore O. Rogers, West Chester, Pa., for plaintiff.
Meranze, Katz & Spear, Philadelphia, Pa., by Bernard N. Katz and Leonard Spear, John E. Walsh, Jr., Philadelphia, Pa., Plone, Tomar, Seliger & Parks, by David Seliger, Camden, N. J., for defendants.
This labor matter is before the Court on the plaintiff's motion to remand its complaint in equity to the Court of Common Pleas of Chester County, Pennsylvania.
After an extensive conference with counsel in chambers and later oral argument in Court we make the following findings of fact and conclusions of law based upon the briefs of counsel, the pleadings, and the record in this case.
1. The plaintiff, Food Fair Stores, Inc., operates a large chain of retail food markets as well as a wholesale operation throughout the United States to the annual gross revenue which exceeds $1,000,000,000.
2. Approximately 174 of the plaintiff's stores in New Jersey, Pennsylvania and Delaware are the subject of a labor dispute involving the plaintiff and the defendant local unions.
3. The defendant Retail Clerks District Council Number 11 (hereinafter referred to as "union") is an unincorporated association and is a voluntary labor organization consisting of a number of constituent local unions and a great number of members, too numerous in number to be named herein.
4. There exists a collective bargaining agreement dated July 13, 1962 between the plaintiff and the union which was to be effective from June 3, 1962 until March 6, 1965 and is still in full force and effect.
5. Article XXI of the agreement contains a clause prohibiting strikes and work stoppages by the union against the plaintiff during the life of the agreement.
6. Section 2 of Article XXI provides for arbitration of any disputes which the parties cannot amicably settle between themselves.
7. The plaintiff also owns and operates a chain of retail discount stores as a subsidiary known as J. M. Fields, Inc. (hereinafter referred to as "Fields").
8. Within the territory covered by the agreement Fields operates one store in Stratford, New Jersey. This store was opened on October 30, 1962.
9. About the time that the Fields store was opened and throughout the year 1963 the union made demands upon Fields to extend the aforementioned collective bargaining agreement to Fields' employees in the Stratford store as well as other Fields' stores located in New Jersey and Pennsylvania.
10. This attempted extension of the agreement was unsuccessful and the union engaged in a strike and work stoppage at Food Fair Stores in Pennsylvania, New Jersey, Maryland and Delaware on November 14, 1963, to force the plaintiff to accede to the union's demands.
11. After obtaining an ex parte restraining order on November 14, 1963, from the Court of Common Pleas of Philadelphia County against Local Union 1357 and others, the plaintiff and the union executed a memorandum agreement extending the provisions of the collective bargaining agreement to cover the food employees of the Fields' stores in New Jersey and Pennsylvania.
12. With regard to the non-food operations of the Fields' stores the parties agreed to enter upon negotiations forthwith to reach an agreement within thirty days from November 14, 1963.
13. In the course of the truce there was a brief strike and work stoppage on December 17, 1963 in eight of the plaintiff's food stores in New Jersey and Pennsylvania.
14. Negotiations broke down completely and on February 13, 1964, and continuing to date, a strike and work stoppage has been in existence at the plaintiff's stores located in New Jersey, Pennsylvania and Delaware.
15. During November 1963 at the outset of the dispute the Union sought arbitration which the plaintiff attempted to enjoin by suit in the Federal Court, subsequently the Agreement of November 14, 1963 resulted in a withdrawal of all suits, the arbitration and the suit to enjoin the arbitration.
16. To enjoin alleged mass picketing of its stores the plaintiff obtained various ex parte restraining orders in New Jersey and Pennsylvania.
17. Thereafter, the plaintiff filed the instant complaint in equity with the Court of Common Pleas of Chester County averring that the plaintiff was suffering irreparable harm from the continuation of the work stoppage and strike and prayed the Court to issue an injunction against the defendants to enjoin the picketing and work stoppage then in existence at the plaintiff's stores under Section 4(a) of the Pennsylvania Labor Anti-Injunction Act (43 P.S. § 206d(a)).
18. Thereupon, upon affidavit attached to the complaint, the Court of Common Pleas of Chester County issued the following ex parte restraining order dated March 3, 1964:
19. Copies of this restraining order were served upon the union in New Jersey, Pennsylvania and Delaware.
20. On March 5, 1964, the union removed the instant proceeding to the United States District Court for the Eastern District of Pennsylvania and the restraining order was dissolved by this Court upon the motion of the union.
21. The plaintiff on March 5, 1964, filed the present motion to remand this proceeding to the Court of Common Pleas of Chester County, Pennsylvania.
22. A conference was held in chambers with counsel for the parties on Thursday, March 5, 1964, which was not transcribed.
23. On Monday, March 9, 1964, a hearing was held on the plaintiff's motion to remand which consisted solely of oral argument presented by both parties.
24. Other litigation in this matter is pending in the Courts of New Jersey, and Pennsylvania regarding damage actions filed by the plaintiff for breach of contract against the union. These actions are in addition to suits brought in New Jersey and Pennsylvania to restrain certain conduct in conjunction with picketing.
25. The labor law of New Jersey and Delaware does not provide the type of relief which the plaintiff sought in this complaint filed in Chester County, Pennsylvania.
The plaintiff attacks the jurisdiction of this Court to consider this complaint in equity removed from the State Court because we are precluded from issuing an injunction by Section 4 of the Norris-La Guardia Act, which bars Federal Courts from issuing injunctions "in any case involving or growing out of any labor dispute." 29 U.S.C.A. § 104.
It is further argued by the plaintiff that by utilizing the removal statute 28 U.S.C.A. § 1441 the union is attempting to divest the plaintiff of a recognized right to injunctive relief under Pennsylvania law. Furthermore, if this Court refuses his motion to remand we would in effect be reversing the Supreme Court of Pennsylvania which has held that it has the power to grant injunctions against the breach of a no-strike clause.
The defendant disputes the plaintiff's arguments by contending that § 301 of the Taft-Hartley Act, 29 U.S.C.A. § 185 (a), vests this Court with jurisdiction of suits between employers and unions for breach of collective bargaining agreements. While the defendant agrees that we cannot issue an injunction because of § 4 of the Norris-La Guardia Act, this fact alone does not prevent this Court from considering the matter, since the plaintiff's prayer for relief cannot determine when Federal jurisdiction attaches to a civil action.
The defendant further contends...
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