Masonite Corp. v. International Woodworkers of America, AFL-CIO

• Decision Date: 11 December 1967
• Docket Number: AFL-CIO,AFL-CIO and L,No. 44827,44827
• Citation: 206 So.2d 171,24 A.L.R.3d 632
• Parties: MASONITE CORPORATION v. INTERNATIONAL WOODWORKERS OF AMERICA,ocal 5-443, International Woodworkers of America,, et al.
• Court: Mississippi Supreme Court

Page 171

206 So.2d 171

24 A.L.R.3d 632

MASONITE CORPORATION v. INTERNATIONAL WOODWORKERS OF AMERICA, AFL-CIO and Local

5-443, International Woodworkers of America, AFL-CIO, et al.

No. 44827.

Supreme Court of Mississippi.

Dec. 11, 1967.

Suggestion of Error Overruled Jan. 29, 1968.

Gibbes & Graves, Laurel, Hulse Hays, Cincinnati, Ohio, for appellant.

E. K. Collins, Quitman Ross, Laurel, for appellees.

ETHRIDGE, Chief Justice:

This is an appeal by Masonite Corporation, complainant, from a decree of the Chancery Court for the Second Judicial District of Jones County, Mississippi, dismissing after a hearing Masonite's petition to find appellees in contempt of court. They were charged with violation of a temporary injunction, which restrained them from engaging in a strike at Masonite's plant in Laurel, inducing or causing complainant's employees to strike, and picketing the plant. The temporary injunction was based upon a no-strike or interruption-of-work clause in the collective bargaining agreement between Masonite and the unions.

The defendants-appellees are International Woodworkers of America, AFL-CIO (called International), its Local 5-443 (called Local), and five officers and agents who signed the contract-J. D. Jolley, Chester Ishee, John A. West, Ben Johnson, and Thomas E. Lindsey. The seven parties were all of the defendants to the original bill for injunction, and will sometimes be referred to as the 'original defendants' or 'original appellees.' Also made defendants to the contempt petition were about fifty individuals who were officers, shop committeemen, negotiating committeemen, and shop stewards of the Local.

We hold (1) that Masonite cannot appeal from the acquittal of appellees on criminal contempt charges, but that it has the right to appeal from that part of the decree dismissing civil contempt charges. It sought a coercive decree to enforce compliance with the injunction. (2) The clear and convincing evidence shows that the original appellees wilfully and contumaciously violated the temporary injunction, and the chancery court was manifestly wrong in holding otherwise. (3) The appeal as to criminal contempt is dismissed. The decree of the chancery court is affirmed in part, as to the fifty additional appellees. As to the International, the Local, and the five signatory officers, it is reversed and judgment is rendered here holding them guilty of civil contempt of court. The case is remanded to the chancery court for enforcement of this judgment, and for any further, additional proceedings consistent therewith.

I. BACKGROUND AND ISSUES

Masonite Corporation operates in the City of Laurel, Jones County, Mississippi, a large manufacturing plant producing finished wood products. On March 3, 1967, the International Woodworkers of America, AFL-CIO, acting for itself and its local union 5-443, executed a collective bargaining agreement with Masonite. All of the 2,050 hourly bargaining unit employees of Masonite on April 21, 1967, were members of the union. On that date, the International and the Local unions, acting through their officers and agents, called a strike at Masonite's Laurel plant. All 2,050 members of the union walked out, and the union began picketing the plant.

Article 26 of the contract provides for a detailed five-step adjustment procedure and for arbitration. Article 23 is an 'interruption of work' or 'no-strike' clause. It provides:

Section 1. At no time during the full term of this Agreement, shall the Union or any of its members authorize or engage in any strike, walkout or other type of work stoppage. At no time, during such terms, shall the Employer lockout any of its employees.

Section 2. In the event any violation of the previous Section occurs, which is unauthorized by the Union, there shall be no liability on the part of the Union or any of its Officers or Agents, provided that in the event of such unauthorized action, the Union first meets the following conditions:

(a) The Union shall publicly declare in a newspaper having general distribution and publication in Laurel, Mississippi, that such action is unauthorized;

(b) The Union shall, within twenty-four (24) hours, promptly order all its members in the employ of the Employer to return to work in the plant of the Employer.

Section 3. Any employee who participates in any strike, walkout, or other type of work stoppage as specified in Section 1 of this Article, may be discharged, without right of appeal, by the Employer at its sole discretion.

On May 1, 1967, Masonite filed in the chancery court a bill for injunction against the International, Local 5-443, and J. D. Jolley, Chester Ishee, John A. West, Ben Johnson, and Thomas E. Lindsey, officers and agents of the Local and for the International and signatories to the collective bargaining agreement. The bill charged that defendants had actively participated in the breach of the collective bargaining agreement, in violation of the no-strike clause; that on April 21, 1967, defendant unions, acting through their agents, called the employees represented by them out on strike, and posted pickets at the entrance to complainant's plant in Laurel, with notices that the defendant unions were on strike. The strike and picketing had brought complainant's operations to a stand-still, and had thrown thousands of employees out of work. Defendants by calling the strike had violated their contract. The bill further charged that complainant had called upon defendants to terminate the illegal strike, to order their members to return to work, and to process any complaints or grievances through the orderly processes provided by the contract, but that defendants had refused to do so, and the strike continued pursuant to their authorization and under their direction. The strike and picketing were causing complainant and its employees irreparable injury and damages, for which they had no adequate remedy at law. As a result, complainant suffered and would continue to suffer substantial monetary losses, unless defendants were enjoined from engaging in the unlawful strike and picketing.

Thus the bill averred that complainant was entitled to an injunction enjoining and restraining defendants from striking, and causing complainant's employees to strike and picket, and interfering with the normal conduct of complainant's business. Hence the bill prayed that the defendants be temporarily and permanently enjoined from such actions in violation of the contract, and that the injunction direct the unions and their officers to take certain affirmative steps in implementation of the relief sought. The bill also asked for general relief.

The injunction in question was issued pursuant to a fiat executed by a Supreme Court Justice on May 1, 1967. The fiat was returnable to the Chancery Court for the Second Judicial District of Jones County. The required $5,000 bond was filed by appellant and approved by the clerk. On May 2, the writ of injunction was served on all of the original defendants and was posted at two public places in the City of Laurel (the courthouse and the union house), as well as at Masonite's main-gate entrance to its plant, and at seven other gates and locations around the plant.

The writ of injunction is in substantially the terms of the prayer of the bill of complaint. It provides:

NOW THEREFORE, you, as defendants, and each of you and your officers, agents, representatives, employees and members and all other persons acting in concert with you or under your control, influence, persuasion or inducement be and you are hereby restrained and enjoined from engaging in a strike at complainant's plant in Laurel, Mississippi, and from inducing or causing complainant's employees to strike at complainant's plant in Laurel, Mississippi, and from engaging in picketing of complainant's plant in Laurel, Mississippi.

YOU ARE FURTHER ORDERED TO TAKE THE FOLLOWING AFFIRMATIVE ACTION FORTHWITH: To advise all of your officers, agents and employees, and all other persons acting in concert with them of the contents of this injunction, and to inform them that the work stoppage at complainant's plant at Laurel, Mississippi has been ended, and to direct each of your officers, agents, representatives and members employed by complainant at its mill in Laurel, Mississippi immediately to cease participating in the work stoppage and to advise them to return to work at their next scheduled working time.

You will comply with this writ of injunction until further order of this court upon penalty of contempt.

On May 4, 1967, Masonite, acting through R. E. Paul, its general manager, filed a charge or petition for citation of contempt against the defendants to the injunction suit, the International, the Local, the five signatories to the collective bargaining agreement, and about eighty individual defendants. Approximately thirty of the latter were not served with process, and complainant took a nonsuit as to them. The petition for contempt outlined the above stated facts, and charged that the injunction had been disobeyed by the defendants and the officers, agents, representatives, employees and members of the defendant unions, and other persons acting in concert with or under their control, influence, persuasion or inducement, as set forth in nine charges of contempt of court. Charges numbers 7 and 8 concern three individuals, and appellant concedes that no evidence was introduced as to those charges. Charges numbers 1 through 5 were as follows:

(1) The defendants and each of them have failed and refused to direct each of the officers, agents, representatives and members employed by complainant at its mill in Laurel, Mississippi, immediately to cease participating in the work stoppage.

(2) The defendants and each of them have failed and refused to advise each of the officers, agents, representatives and members employed by complainant at its mill in Laurel, Mississippi, to return to work at their next...