"Count One
"Complaint for Injunction
"I. Plaintiff states that he is a heating, plumbing, and air-conditioning contractor for residential and commercial building construction with his office and residence located at Monett, Missouri; that defendant United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada is the only labor organization within the United States and Canada charged with performing work in the pipe fitting trade and industry by the American Federation of Labor; said defendant has its offices in the Machinists Building in Washington, District of Columbia. Defendant United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local Number 178, represents and acts for the above-named defendant in Springfield, Missouri and vicinity which includes Bolivar, Missouri, and resides in Springfield, Missouri. Defendants C. W. Verink, Jess Irwin, Merle Motz, Lester Viles, and Mike Boyle comprise the executive board of said local union; all of said defendants reside in Springfield, Missouri. Said defendants are labor organizations, or comprise labor organizations, operated by and composed of, employees; and such organizations exist for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, and conditions of work. Said defendant C. W. Verink is also the secretary and business agent of said defendant local union. Said defendant Lester Viles is also the president of said local union defendant. Defendants are engaged in an activity affecting commerce whereby they represent, and are, union journeymen plumbers engaged in assisting in building and construction work; and the buildings and construction on which they work are used, when completed, for the furtherance of interstate commerce and the free flow of commerce, and the materials and equipment with which said plumbers work move or have moved in such commerce.
"II. This court has jurisdiction of this action under sections 185 and 187 of Title 29, United States Code Annotated, which are sections of the `Labor Management Relations Act, 1947' commonly known as the Taft-Hartley Law.
"III. Plaintiff, for cause of action, alleges as follows: Said defendant labor organizations, through their agents, representatives, servants, and employees have willfully and unlawfully conspired with certain plumbing, heating, and air-conditioning contractors in the city of Springfield, Missouri, three of whom are J. B. McCarty Plumbing and Heating Company; Bowman and Drussa Plumbing and Heating Company; and Springfield Plumbing Company, to violate said section 187 of the Taft-Hartley Law. The object of said conspiracy is to eliminate and stifle competition among plumbing, heating, and air-conditioning contractors other than those who are conspirators, to force builders to hire certain contractors and not to hire others and general contractors to hire certain heating, plumbing, and air-conditioning subcontractors and not others, to force certain employers to cease doing business with the public, to limit membership in defendant union, to limit the members of said union in their work and their right to work by assigning them jobs principally with the conspirator contractors, to limit employment of union men in the building trades within the jurisdictional area of defendant local union; and as a result of said conspiracy and the overt acts thereunder have slowed down and affected the free movement of goods, materials, and equipment in commerce and interstate commerce, business and industrial expansion, the employment of union men in the building trades, and have hampered the building and improvement of homes and business buildings for veterans and other members of the public. Said conspiracy has as its purpose financial and pecuniary gain for at least some of the conspirators and is in utter disregard of the public interest. The citizens of Springfield and vicinity have, because of said conspiracy and the stifling of competitive bidding thereunder, been compelled to pay a lug or tribute in the form of excessive profits and prices to accomplish building construction where union labor is employed within the jurisdiction of the defendant local union.
"IV. Plaintiff, on the 18th day of March, 1948, entered into a plumbing subcontract with one Don Garbee of Springfield, Missouri, who is the general contractor for the construction of a Coca-Cola bottling plant at Bolivar, Missouri; and in connection therewith furnished a surety bond in the sum of $4,967.00 conditioned on the true performance of said contract. Plaintiff, in order to obtain said bond, agreed with the bonding company that he would reimburse them for any and all sums paid by them under the terms of said bond. Many of the building materials and much of the equipment for said plant were moved, or were to be moved, in interstate commerce; and said plant, after its completion, is to be used for the mixing and bottling of a bottled soft drink known as Coca-Cola. The materials for the finished bottled product and the means of distributing same are in part purchased and shipped from states other than Missouri and must be shipped across state lines to said plant before it can operate for the purpose and in the manner intended.
"V. After entering into said contract, plaintiff requested defendants to furnish union plumbers to work thereon. Defendants refused to furnish same, and then plaintiff hired two union plumbers from Carthage, Missouri. Said men were hired for the purpose of doing the plumbing work contracted by plaintiff at said plant and, after being hired, they entered upon performance of their duties thereat. Defendants, in pursuance to said conspiracy willfully and unlawfully ordered said union employees to strike against plaintiff and refuse to work for him; and on or about the 25th day of May, 1948 said employees did strike against plaintiff and have, since said date, failed and refused to work for him within the jurisdiction of defendant local union. Thereafter, plaintiff again requested that defendants furnish him union employees who were members of defendant unions, but defendants, in pursuance of said conspiracy, willfully and unlawfully boycotted plaintiff by refusing to furnish available union labor to complete the work under plaintiff's said contract or for any other purpose. The objects of said strike and boycott against plaintiff were and are to force him to cease doing business with the said Garbee, to prevent plaintiff from carrying out said contract, and to prevent plaintiff from having or obtaining any contracts in the future in the geographical area within the jurisdiction of defendant local union; and said objects will be carried out and accomplished unless said acts are restrained and enjoined.
"VI. Plaintiff desires to use only union labor on the plumbing work under said contract, and defendant unions are the only source of said labor. At the time said employees went on strike against plaintiff, no labor dispute of any kind existed between plaintiff and said employees or the defendants but, because of said strike and boycott, a labor dispute does now exist between plaintiff and each of the defendants. Said willful and wrongful strike and boycott have and will in the future restrict and hamper the flow of goods, materials, and supplies in interstate commerce; and, unless restrained, have and will cause plaintiff to cease doing business with said Garbee and with any other general contractor in the jurisdictional area of defendant union; and have and will, unless temporarily restrained without notice to the adverse parties, cause plaintiff immediate and irreparable injury, loss and damage before such notice can be served and a hearing had thereon.
"VII. Plaintiff has been injured and damaged in his business and property by reason of the aforesaid conspiracy and strike and boycott in pursuance thereto; and the said Garbee has demanded that plaintiff comply with said contract, which plaintiff wants to do, but is unable to do with the aid of union labor because of said acts of said defendants. The said Garbee will not permit, and plaintiff does not desire to use, non-union labor on said work because of prejudicing the completion thereof due to the policy of other trade unions employed on said job in refusing to work with non-union men.
"VIII. If defendants are permitted to continue said acts, plaintiff will suffer irreparable damage for which his remedy at law will be inadequate.
"Wherefore, plaintiff prays that defendants and each of them be enjoined and restrained from discriminating against him in the furnishing of competent union plumbers, from discriminating against him in favor of conspirator contractors in the furnishing of such labor, and be compelled to furnish such...
