Hattiesburg Bldg. and Trades Council v. Broome

• Decision Date: 13 May 1963
• Docket Number: No. 42504,42504
• Citation: 153 So.2d 695,247 Miss. 458
• Court: Mississippi Supreme Court
• Parties: HATTIESBURG BUILDING AND TRADES COUNCIL et al. v. J. D. BROOME, d.b.a. Broome Contracting & Maintenance Company, et al.

Page 695

153 So.2d 695

247 Miss. 458

HATTIESBURG BUILDING AND TRADES COUNCIL et al. v. J. D. BROOME, d.b.a. Broome Contracting & Maintenance

Company, et al.

No. 42504.

Supreme Court of Mississippi.

May 13, 1963.

Knox W. Walker, Gulfport, for appellants.

Heidelberg, Sutherland & McKenzie, Hattiesburg, for appellees.

LEE, Presiding Justice.

J. D. Broome, doing business as Broome Contracting and Maintenance Company, and ten others, being employees of J. D. Broome, filed their bill of complaint against Hattiesburg Building and Trades Council, a labor organization, whose place of business was in Forrest County, Mississippi, and six other local unions, as described in the bill, and Cecil T. Harvison and F. D. Conn, individuals.

The complainants, other than Broome, were men with families, and it was necessary for them to work in order to support themselves and their dependents. They charged that their right to work and earn such support had been interfered with by the defendants and was being interfered with and threatened at the time of the filing of the bill, by the unlawful acts of the defendants as described in their bill.

Substantial allegations of the bill were to the following effect: J. D. Broome was in the industrial maintenance business, and, among other constructions being performed by him, he was doing work for Pontiac Eastern Corporation at its Black Creek Refinery in Lamar County, Mississippi, in an extensive clean-up and repair operation, commonly called a 'turn around'; that several hundred employees of various contractors were also engaged in such work, and that it was imperative that the work should be done expeditiously; that the defendants at six o'clock, October 6, 1961, unlawfully and in violation of the rights of the complainants, placed picket lines at all plant entrances to the refinery; that pickets were placed at the said entrances carrying signs which falsely and slanderously purported to advise the public that Broome was unfair and refused to bargain with Hattiesburg Building and Trades Council; that the purpose, in so doing, was to force Broome unlawfully to enter into some kind of a contract which, in operation and practice, would require that his employees belong to labor unions against their will, and that his nonunion employees would be discharged unless they joined a labor union; that the complainants did not belong to a labor union and did not wish to belong, and that virtually all of Broome's employees were similarly situated; that this action was for the purpose of forcing a shutdown of work at the refinery and placing pressure on Broome and the individual complainants to coerce them, against their will, into becoming members of a labor organization, all in violation of their rights and in violation of the statutes and Constitution of the State of Mississippi and the public policy of the State; that, following the placing of pickets, great congestion existed and danger to the traveling public and to individuals was greatly increased; that Broome, in past contacts had been threatened with violence and intimidated by Hattiesburg Building and Trades Council, and affiliated unions, in an effort to force him to sign an unlawful contract, as aforesaid, and during the construction of the Pontiac Eastern Corporation plant, when acts of violence were committed by defendants F. D. Conn and the defendant, Plumbing and Pipe Fitters Union; and that, in connection with unlawful picketing, Broome received threats of sabotage and damage to his property unless the demands were met.

It was further charged that there was no labor dispute whatsoever between Broome and his employees, and that the defendants did not represent his employees and that the complaining employees did not desire to be represented by them; that neither was there any labor dispute between Pontiac Eastern Corporation and its employees; that the unlawful acts of the defendant had caused several hundred employees of Pontiac Eastern Corporation and other contractors engaged in the work to leave the premises, or refuse to enter the same, and virtually brought about the shutdown of the work; and that this was causing damage and loss to the citizens of Lamar and Forrest Counties and other citizens in wages in the sum of several thousand dollars each day and the complainants were being injured and will be irreparably damaged unless the court would immediately enjoin and restrain the same.

There was a prayer for the grant of a temporary injunction and for the prevention of the acts and wrongs complained of.

The petition was sworn to by the parties and filed. A temporary injunction was ordered to be issued by the circuit judge of the 15th Circuit Court District of the State on the 6th day of October 1961 upon the giving of a good and sufficient bond in the sum of $1,500. Pursuant thereto, a writ of injunction was issued out of the Chancery Court of Forrest County, Mississippi, on the same date.

Thereafter a motion to dissolve was duly filed on October 24, 1961. Subsequently an answer was filed by the defendants, denying the material allegations of the bill and also setting up affirmative defenses, which, in effect, stated that the bill of complaint upon the face, alleged a controversy, or labor dispute, within the meaning of the National Labor Relations Act, 29 U.S.C.A. Sec. 151, and that the court was without jurisdiction.

The court heard the evidence, pro and con.

James B. Duren, Refinery Manager of Pontiac Eastern Corporation, situated at Black Creek, Mississippi, testified that the company receives its crude oil only in the State of Mississippi. Its product had been, and was being, sold to Gulf Oil Corporation either at its refinery site or at its storage facilities in the Town of Collins, Mississippi. Thereafter, the purchaser could place the same in the Plantation pipelines which run through Collins from Baton Rouge, Louisiana to other states. The company had a collective bargaining contract with a labor union. The refinery has an annual shutdown, known as a 'turn around', taking about fourteen days, which consists of a general repair of all parts in the plant. At that time there were longer schedules and work weeks. Outside persons were also employed on the job. October 6, 1961, was the crucial date in this operation. It was at this time that pickets showed up on the job, the purpose being to keep union employees away. On the west gate there was a sign reading 'Entrance for Broome Contracting and Maintenance Company only, all others enter east entrance.' The sign on the east gate read 'Broome Contracting and Maintenance Company enter west gate only, all others enter here.' In this case the picket signs stated 'J. D. Broome Construction unfair, refuses to bargain, no contract. H.B.T.C. A.F.L.-C.I.O.', and were placed at both the west gate and the east gate entrance roads. The pickets were in the highway. When the picketing was instituted at the main gate, it prevented workmen of three other companies, Calalytic Construction, Hemby Electric, and Delta Tank, from working. Of the 440 people normally employed, 252 refused to cross the picket line. There was no dispute of any kind between Pontiac, or Calalytic, or Delta Tank, or Hemby Electric, or Broome, with their employees. The witness was aware that Hattiesburg Building and Trades Council was seeking to negotiate with Broome Contracting and Maintenance Company; but, in a telephone conversation, Mr. Harvison gave assurance that there was no likelihood of any dispute. It was the opinion of the witness that pickets were placed at the east gate, where all workers except Broome's were to enter, was to force Pontiac to bring pressure on Broome to continue negotiations with Hattiesburg Building and Trades Council. That morning there was a long line of automobiles in each direction from the building on both sides of the street. Most of the union employees refused to cross the picket line. The witness understood that union members are subject to discipline if they cross picket lines placed by the union. The loss on payroll for October 6th was $10,000 and for October 7th was $4,800.

J. D. Broome, who lived at Hattiesburg, Mississippi, testified that he was engaged in industrial and contract maintenance and contract work in Mississippi. He had been a member of a labor union from 1940 to 1951. Some of his employees at the time of the trial were union men and some were nonunion. His policy has been and is, that he is not concerned with the political or religious beliefs of his employees. He does try to see that local people get first preference at work regardless of whether members or nonmembers of a labor organization. In other words, one does not have to belong to or continue as a union man to get employment with him. Neither does he require him to be a nonunion man in order to do so. He was familiar with the organization over which Cecil Harvison presided, namely, the Hattiesburg Building and Trades Council. This experience began in 1958 when a Mr. Hannigan was first in charge. The demand upon him at that time was that some of his employees, namely, Slade, McCann, Boone, Lowery and Daughtery should be fired immediately or they would 'get me one way or the other.' Their next requirement was that he use strictly union people--he was to contact the business agent, who would supply the needs. The pressure from Harvison was of the same type although he was more diplomatic and had 'a smiling way' about it. His pet expression was that you 'get right with us.' He met with Harvison and other representatives of labor on September 23, 1961. At that time Harvison told him, in explanation of the hiring hall procedure, 'We hope that you will encourage' the men 'to get right with us within two weeks or a short period of time.'

This was familiar with the hiring hall procedure as it was exclusive in the labor union to which he belonged. It means simply this: An employer contacts...