LOCAL UNION 984, INT. BRO. OF TEAMSTERS, ETC. v. Humko Co., 13896-13898.

• Decision Date: 15 February 1961
• Docket Number: No. 13896-13898.,13896-13898.
• Citation: 287 F.2d 231
• Parties: LOCAL UNION 984, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, AFL-CIO, an unincorporated labor organization, et al., Appellants, v. HUMKO COMPANY, Inc. (A Division of National Dairy Products Corporation), Appellee. LOCAL UNION 984, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, AFL-CIO, an unincorporated labor organization, et al., Appellants, v. Ralph Kent PHILLIPY et al., Appellee. LOCAL UNION 984, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, AFL-CIO, an unincorporated labor organization, et al., Appellants, v. KUHNE-SIMMONS COMPANY, Inc., An Illinois Corporation, Appellee.
• Court: U.S. Court of Appeals — Sixth Circuit

287 F.2d 231 (1961)

LOCAL UNION 984, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, AFL-CIO, an unincorporated labor organization, et al., Appellants, v. HUMKO COMPANY, Inc. (A Division of National Dairy Products Corporation), Appellee.

LOCAL UNION 984, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, AFL-CIO, an unincorporated labor organization, et al., Appellants, v. Ralph Kent PHILLIPY et al., Appellee.

LOCAL UNION 984, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, AFL-CIO, an unincorporated labor organization, et al., Appellants, v. KUHNE-SIMMONS COMPANY, Inc., An Illinois Corporation, Appellee.

Nos. 13896-13898.

United States Court of Appeals Sixth Circuit.

February 15, 1961.

Charles J. Morris and L. N. D. Wells, Jr., Dallas, Tex., for appellants.

David Previant, Milwaukee, Wis., L. N. D. Wells, Jr. and Charles J. Morris, Dallas, Tex., George Fitzgerald, Detroit, Mich., on brief, for International Brotherhood of Teamsters.

Mullinax, Wells & Morris, Dallas, Tex., Goldberg, Previant & Cooper, Milwaukee, Wis., Anthony J. Sabella, Memphis, Tenn., George Fitzgerald, Detroit, Mich., on brief, for Local Union 984, et al.

Clarence Clifton, Memphis, Tenn., John B. Mack, Marvin Posner, Memphis, Tenn., on brief, for HumKo Co.

Donald Reno, Champaign, Ill., Reno & O'Byrne, Champaign, Ill., on brief, for Kuhne-Simmons Co., Inc.

Frank J. Glankler, Jr., Memphis, Tenn., John M. Heiskell, Memphis, Tenn., on brief, for Ralph Kent Phillipy et al.

Before McALLISTER, Chief Judge, POPE, Circuit Judge, and THORNTON, District Judge.

THORNTON, District Judge.

This is an appeal from three judgments entered by the District Court in three cases consolidated by the Court and tried to the Court. Plaintiff HumKo Company, Inc., hereinafter called "HumKo" recovered a judgment in the amount of $57,013.05. Plaintiff Ralph Kent Phillipy, et al., hereinafter called "Phillipy" recovered a judgment in the amount of $11,264.73. Plaintiff Kuhne-Simmons Company, Inc., hereinafter called "Kuhne" recovered a judgment in the amount of $29,358.52. These judgments were recovered by each of these plaintiffs except HumKo against the same defendants, International Teamsters Local 984 of Memphis, Tennessee, and International Teamsters Union and certain agents and representatives of each, namely, R. A. Farrell as president of Local 984, and Francis J. Murtha as international or field representative of the International Union. HumKo's judgment was against International Teamsters Local 984 of Memphis, Tennessee, and International Teamsters Union. The complaints alleged violations of Section 303(a) of the Taft-Hartley Act, 29 U.S.C.A. § 187, which section prohibits secondary boycotts. (See Appendix, page 1, where this section of the statute is set forth in full.) Recovery of the damages sustained and of the costs of the suits was sought. The causes of action in the three suits were the same, except for the variations in the actual damage figures.

The appellants have submitted what they consider to be the proper questions for review on this appeal. The appellees have submitted a counterstatement of what they consider to be properly before the Court on this appeal. The two sets of questions are not in accord. For the purpose of completeness in this opinion, we include the two statements above referred to in the appendix attached hereto. We here state, however, that we believe the questions as submitted by the appellants are so phrased as to result in the invasion of the province of this Court by predetermining that the findings of the Trial Court are clearly erroneous. After an analysis of a rather extensive record, we recognize the counterstatement of questions presented by appellees as being a proper statement of the matter before us for determination.

The District Judge made detailed findings of fact which we summarize.

Summary of the Findings of Fact

The HumKo Company, Inc., a Tennessee corporation, was a division of National Dairies with its plant on Thomas Street in Memphis, Tennessee, where its normal business was the manufacturing, selling and distribution of edible fats and oils; D. R. Phillipy & Sons Company had its principal place of business at Memphis, Tennessee, and was a mechanical contracting firm; Kuhne-Simmons Company, Inc., was an Illinois corporation with its principal office located at Champaign, Illinois, and was engaged in the general construction business; Local Union 984, International Brotherhood of America was an unincorporated association organized and existing for the purpose, among other things, of representing employees in collective bargaining with their employers. It maintained its office and place of business in Memphis, Tennessee, and did business regularly within the jurisdiction of the District Court. The defendant, R. A. Farrell, was a resident of Tennessee, was president and chief executive officer of Local 984; he was sued in his representative capacity; Local 984, as a labor organization, was subject to the Labor-Management Relations Act; the defendant International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America was an international labor union organized as an unincorporated association composed of subordinate affiliated local labor unions located throughout the United States, of which Local 984 was one. The International had its headquarters and principal place of business in Washington, D. C. It conducted business regularly within the jurisdiction of the District Court below, through its member, Local 984, and through its agent or representative, Francis J. Murtha, who was a resident of Memphis, Tennessee. Murtha was sued in his representative capacity only. The International was a labor organization subject to the Labor-Management Relations Act.

Murtha, on July 12, 1957, was an organizer for the International Union with his headquarters in Memphis, Tennessee, his duties covering ten southern states, including Tennessee. Such duties were general and were assigned to him by the president of the International or by someone else in authority. They were to make investigations, to assist in negotiations, to conduct elections, to manage trusteeships, to attend hearings, and to consult with officers of local unions with respect to organizing various groups of employees. Murtha transacted business on behalf of the International in the Local 984 headquarters in Memphis, Tennessee, where he had a desk, use of the telephone and of secretarial service; Local 984 was, on July 12, 1957, the certified bargaining agent for the Production, Maintenance and Drivers hourly paid employees of the Thomas Street plant of HumKo. Farrell and Kuhns, as officers of Local 984, attended and participated in collective bargaining negotiations with officials and representatives of HumKo to secure a contract for the Production, Maintenance and Drivers hourly paid employees of the Thomas Street plant of HumKo. This took place before, during and after the period of picketing at Champaign, Illinois. Murtha attended and took an active part in several of these collective bargaining meetings with the officials of HumKo and the officers of Local 984. On one occasion at least, Murtha was the only representative participating in such collective bargaining negotiations with officials of HumKo. At all times during these negotiations and during the period Murtha was so engaged, his sole and only occupation was as International organizer. He was receiving his regular salary from the International. He received no form of payment from Local 984 for his services.

On July 8, 1957, during the negotiations between Local 984 and HumKo, a picket line was placed at the Thomas Street plant of HumKo. On July 12, 1957, a labor dispute existed between HumKo and Local 984.

In the latter part of 1956, HumKo had entered into a contract with Phillipy and Kuhne, as independent contractors, for the construction of a plant to be known as the Midwest Refinery of HumKo at Champaign, Illinois, which is about 400 miles from Memphis, Tennessee. This plant, when completed, would produce edible fats and oils. On July 12, 1957, in furtherance of this contract, Phillipy and Kuhne were engaged in the construction of this plant, and no employees of HumKo did any work of any kind or nature on such construction. No employee or official of HumKo gave instructions or directions to any of the employees of Phillipy, Kuhne or to any other contractor or subcontractor engaged in this construction. On the 12th day of July, 1957, both Phillipy and Kuhne had many of their own employees working on this construction, all of whom were labor union members; Phillipy and Kuhne, as independent contractors, also had several subcontractors performing work and services on this job, and all such employees were also members of various labor union organizations. As of July 12, 1957, neither Phillipy nor Kuhne had any labor dispute with Local 984, nor with any other labor organization or union — local or international — and the same is true of every other contractor, subcontractor and/or employee working on the job as of that date.

The construction site of Midwest Refinery was wholly enclosed by a wire cyclone fence, and the entrance gate to the construction site was a wire cyclone gate on Mattis Road, where all of the employees of Phillipy and Kuhne, and the other contractors and subcontractors entered upon the construction site. On July 12, 1957, the construction of the Midwest Refinery was approximately 65-75% completed, but neither the possession of the whole plant, nor of any part of it, had been turned over to HumKo on this date; the only employees of HumKo at the construction site were salaried, advisory and engineering employees.

There were no Production, Maintenance and Drivers hourly paid employees of HumKo at this construction site;

the

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