Shirley v. Retail Store Emp. Union
|11 June 1977
|222 Kan. 373,565 P.2d 585
|, 95 L.R.R.M. (BNA) 2816, 82 Lab.Cas. P 10,040 Reece SHIRLEY and Ron's Inc., d/b/a Bonner Springs IGA, Appellants. v. RETAIL STORE EMPLOYEES UNION and its Local 782, R.C.I.A.,, et al., Appellees.
|Kansas Supreme Court
Syllabus by the Court
1. The United States Congress, by enacting the National Labor Relations Act, as amended, has in great part preempted the field of controversies arising between labor and management which affect interstate commerce, and has vested exclusive jurisdiction to determine such disputes in the National Labor Relations Board.
2. Where it is arguable that an activity is subject to the provisions of Sec. 7 or Sec. 8 of the NLRA defining unfair labor practices, state courts must defer to the exclusive jurisdiction of the National Labor Relations Board.
3. A state court has the power to enjoin trespassory picketing only where there is shown to be actual violence or a threat of immediate violence or some obstruction to the free use of property by the public which immediately threatens public health or safety or which denies to an employer or his customers reasonable ingress and egress to and from the employer's place of business. Unless these elements are present, a state court should not take jurisdiction in actions seeking injunctive relief in cases of peaceful trespassory picketing which are arguably subject to the provisions of Sections 7 and 8 of the NLRA.
K. Gary Sebelius, of Eidson, Lewis, Porter & Haynes, Topeka, argued the cause, and William G. Haynes, Topeka, was with him on the brief for the appellants.
Robert L. Uhlig, of Blake, Uhlig & Funk, Kansas City, argued the cause, and was on the brief for the appellees.
This is an action brought by the owner of a retail grocery business and the owner of a shopping center for an injunction to enjoin the retail store employees union and its members from interfering with plaintiffs' business and from unlawfully trespassing on private property. The plaintiffs-appellants are Reece Shirley, owner of a shopping center located in Bonner Springs, Kansas, and Ron's Inc., d/b/a Bonner Springs I.G.A., which leases certain property in the shopping center for its grocery store business. The defendants-appellees are the Retail Store Employees Union and its local # 782, R.C.I.A., AFL-CIO, and its members and representatives.
The petition alleged in substance that the union and its members are engaged in acts of unlawful trespassing upon the plaintiffs' property and interfering with plaintiffs' business, causing irreparable loss and damages which will continue if not restrained or enjoined. The defendants filed an answer to the petition admitting the relationship of the parties but asserting that the district court lacked jurisdiction over the subject matter of this action since such jurisdiction is vested exclusively in the National Labor Relations Board (NLRB), through operation of the National Labor Relations Act (NLRA), as amended, 29 U.S.C.A. Secs. 141-187. The answer further alleged that the defendant union had been certified by the NLRB as the exclusive bargaining representative of the employees of the plaintiff Ron's Inc.; that Ron's Inc. and the union had failed to agree on a labor contract; that the union went on strike and placed pickets at the plaintiff's place of business; that there exists a labor dispute between plaintiff Ron's Inc. and defendant and such strike is protected under the National Labor Relations Act. Defendants further alleged that all picketing was lawful, peaceful, and informational activity protected by the NLRA and the United States Constitution. Following the filing of the answer, the district court promptly set the case for trial on the merits. The case was tried to the court and after a full hearing the court took the matter under advisement. Thereafter the trial court by memorandum decision entered judgment in favor of the defendants, denying injunctive relief. An appropriate journal entry of judgment was prepared and the plaintiffs thereupon appealed to this court.
The essential facts as found by the trial court are set forth in the trial court's journal entry of judgment in the following language:
At the trial the plaintiffs contended in substance that the defendant union's picketing constituted a trespass in violation of Kansas law (K.S.A. 21-3721); that such picketing materially obstructed and interfered with the store's operations; and that the picketing could be efficiently and effectively accomplished on the public sidewalk and other areas outside the shopping center. The defendant union maintained that the district court was without jurisdiction because jurisdiction was...
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Sears, Roebuck and Co v. San Diego County District Council of Carpenters
... ... certain carpentry work in petitioner's department store was being done by men who had not been dispatched from its hiring hall, respondent Union established picket lines on petitioner's property. When ... Page 225 ... retail store or on the privately owned parking lot a few feet ... g., Reece Shirley & Ron's, Inc. v. Retail Store Employees , 222 Kan. 373, 565 ... ...
Hartford Div., Emhart Industries, Inc. v. Amalgamated Local Union 376, U.A.W.
... ... of America, 8 Ill.App.2d 154, 163, 130 N.E.2d 758 (1955); Reece Shirley & Ron's Inc. v. Retail Store Employees Union & Local 782, 222 Kan. 373, ... ...
Whelan's, Inc. v. Kansas Dept. of Human Resources
... ... director considered and rejected arguments by the Union that the vacation pay should have been calculated at the ... the San Diego Carpenters Union and a Sears department store when the Union discovered Sears was using non-union labor ... See Reece Shirley & Ron's Inc. v. Retail Store Employees Union & Local 782, ... ...
- Shirley v. Retail Store Emp. Union