U.S. v. Cunningham
| Decision Date | 21 May 1979 |
| Docket Number | Nos. 78-5183,78-5184,s. 78-5183 |
| Citation | 599 F.2d 120 |
| Parties | 101 L.R.R.M. (BNA) 2508, 86 Lab.Cas. P 11,320 UNITED STATES of America, Plaintiff-Appellee, v. Thomas CUNNINGHAM, James D. Hart, Albert Larcinese, Thomas Kemp, Dennis White, Roger Elkins and David Heinrich, Defendants-Appellants. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Ronald D. Glotta, Detroit, Mich., Hugh M. Davis, Jr., Detroit, Mich., for defendants-appellants in No. 78-5183.
James K. Robinson, U. S. Atty., Peter J. Kelley, Mark R. Werder, Asst. U. S. Attys., Detroit, Mich., for plaintiff-appellee.
Leonard C. Jaques, Detroit, Mich., Hugh M. Davis, Jr., Detroit, Mich., for defendants-appellants in No. 78-5184.
Before CELEBREZZE and ENGEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.
Thomas Cunningham, James D. Hart, Albert Larcinese, Thomas Kemp, Dennis White, Roger Elkins, and David Heinrich (jointly referred to as the appellants) appeal from their individual convictions and one-week jail sentences for violation of a temporary restraining order issued by the United States District Court for the Eastern District of Michigan.
The restraining order was granted on the basis of a verified complaint and affidavit filed by Chrysler Corporation (Chrysler) under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185. Chrysler sought to enjoin a work stoppage at its Trenton, Michigan, engine manufacturing plant. The work stoppage arose out of a labor dispute. The restraining order directed named and unnamed defendants 1 from, Inter alia, refusing to leave the engine plant when directed; inciting, encouraging, carrying out, or otherwise causing the employees of Chrysler to engage in work stoppages; and preventing ingress to and egress from the engine plant or attempting by force or threat to prevent any person from engaging in employment for Chrysler. Service of the restraining order was completed as to each of the appellants.
Subsequently, the district court issued an Order to Show Cause why the appellants should not be held in criminal contempt for knowingly and willfully violating the restraining order. After a hearing on the show cause order, the district court adjudged each of the appellants guilty of criminal contempt, in violation of 18 U.S.C. § 401(3). The district court held the language of the restraining order was sufficient to put the appellants on notice of the conduct that it proscribed. The district court further found that after personal service of the restraining order, the appellants engaged in activities expressly prohibited by the restraining order.
The principal issues raised on this appeal are whether the restraining order was properly issued and whether the evidence was sufficient to support the verdict as to each appellant individually.
We affirm.
At the time this action arose, Chrysler operated an engine manufacturing plant in Trenton, Michigan, at which it employed approximately 4500 employees. These employees were represented, for purposes of collective bargaining, by the United Automobile, Aerospace, and Agricultural Implement Workers of America, International Union (UAW) and its Local 372. A collective bargaining agreement (Agreement) between the UAW and Chrysler was in force at the plant. Included among the terms of the Agreement were a no-strike clause, 2 a grievance clause in the case of discharges, 3 and a number of provisions concerning the grievance and arbitration of disputes. 4
On August 8, 1977, Chrysler discharged six Local Union officials and a walkout of hourly employees followed. On August 9, 1977, Chrysler filed a verified complaint in the United States District Court in which it sought a temporary restraining order requiring named and unnamed defendants to desist and refrain from participating in the continuing work stoppage and other activities arising therefrom.
In its complaint, Chrysler alleged that the work stoppage arose out of a dispute subject to the grievance and arbitration provisions of the Agreement; that the work stoppage was ongoing and in violation of the Agreement's no-strike clause; that mass picketing at the entrance gates to the plant was restricting ingress to and egress from the plant; and that Chrysler had no adequate remedy at law. Chrysler further alleged that the work stoppage would cause it irreparable injury because it would be forced to cease production at other of its plants, resulting in significant monetary losses, loss of vast market opportunities, and the lay-off of thousands of employees. Chrysler also alleged that the interests of the defendants would be affected by the issuance of the restraining order only to the extent that they would be required to abide by the provisions of the Agreement into which they had voluntarily entered. In a supporting affidavit accompanying the complaint, Chrysler's Personnel Manager stated that Chrysler was willing to arbitrate the issues underlying the unauthorized work stoppage.
District Judge Philip Pratt 5 issued the restraining order of the court on the afternoon of August 9, 1977. The order stated, in relevant part, as follows:
Upon reading and filing the Complaint of Plaintiff, Chrysler Corporation ("Chrysler"), a Delaware corporation, supported by the Affidavit of K. C. BRANSTNER, where it is prayed that a preliminary injunction should issue, and it appearing that:
(a) Immediate relief is necessary to prevent irreparable injury and loss of lawful rights and maintenance of the peace in connection with the existing work stoppage, mass picketing, violence and threats of violence occurring at Chrysler's, Trenton Engine Plant and will thereby cause immediate and irreparable injury to Chrysler as shown by Chrysler's Complaint.
AND IT FURTHER APPEARING that the entry of a temporary restraining Order would do no injury to any legitimate interest of Defendants;
AND IT FURTHER APPEARING that there is a lack of any effective remedy at law to prevent such continued mass picketing, violence, and threats of violence which will irreparably injure Chrysler and the Court being fully advised in the premises;
IT IS HEREBY ORDERED that the Defendants, . . . absolutely desist and refrain from;
1. Refusing to leave the Trenton Engine Plant after having been directed to do so by Plaintiff and its duly authorized agents.
3. Inciting, inducing, encouraging, calling, procuring, authorizing, carrying out or otherwise causing the employees of Plaintiff to engage in work stoppages . . . or preventing them in any manner from reporting to work.
4. By force or unlawful threat to attempt to force any person to refrain from engaging in employment at the Trenton Engine Plant or at any of Chrysler's other plants, facilities, offices, or elsewhere or to prevent ingress to and egress from any of Plaintiff's plants or any part thereof, by threat, persuasion, or physical obstruction.
Subsequent to the issuance of the restraining order, paragraph two was abandoned in is entirety. A portion of paragraph three was abandoned because it incorporated by reference portions of the Agreement, contrary to the requirements of Fed.R.Civ.P. 65(d). We note that the abandoned portion of paragraph three was merely supplementary to the specific instructions of the paragraph and did not otherwise add clarification to the decree itself. Thus, there was no defect in the restraining order. See Gulf King Shrimp Co. v. Wirtz, 407 F.2d 508, 517 (5th Cir. 1969).
Judge Pratt appointed special process servers selected by Chrysler to serve the restraining order.
The restraining order was served on individuals gathered at the main entrance to the Chrysler plant at approximately 7:00 and 10:00 p. m. on August 9, 1977. The special process servers, who were accompanied by Chrysler officials, served the court order upon only those employees of Chrysler who could be identified by the company officials. Each of the appellants was served with a copy of the restraining order on that evening. 6
During the course of the 7:00 p. m. service, the restraining order was read aloud by one of the special process servers to the pickets who had gathered at the plant entrance. In addition, the local chief of police told the crowd that the restraining order required them to "leave and desist." The police chief further stated that the pickets' failure to leave might put them in violation of the court order and could result in arrests by federal officers. In spite of the restraining order, the work stoppage and picketing activities continued.
On August 10, 1977, Chrysler filed Proofs of Service of the restraining order as to each of the appellants and, in addition, a petition to adjudge the appellants in contempt of court. A motion to dissolve the restraining order was filed on behalf of the appellants that same day. On August 11, 1977, after a hearing on appellants' motion to dissolve the restraining order, Judge Pratt denied the motion.
On August 15, 1977, an Order to Show Cause why appellants should not be held in contempt was issued by District Judge John Feikens 7 reciting the evidence proposed to be offered in support of allegations that each of the appellants, subsequent to personal service, knowingly and willfully violated the restraining order at various times ranging from the evening of August 9 through August 12, 1977.
Prior to trial, appellants filed a number of motions, including a motion to denominate the United States of America the proper party plaintiff and the United States Attorneys prosecutors of the case, which motion was granted. 8 Appellants also filed an Affidavit of Bias and Prejudice, seeking the removal of Judge Feikens from the case. After a hearing before Judge Pratt, appellants' motion was denied.
Appellants' trial commenced on September 19, 1977. Service of the restraining order upon all appellants, except Cunningham, was stipulated to have occurred at the respective times indicated by the...
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