United Steelworkers of America, Local 8417 v. Newport News Shipbuilding and Dry Dock Co.

• Decision Date: 21 November 1979
• Docket Number: No. 771634,771634
• Citation: 260 S.E.2d 222,220 Va. 547
• Parties: , 103 L.R.R.M. (BNA) 2514, 89 Lab.Cas. P 55,272 UNITED STEELWORKERS OF AMERICA, LOCAL 8417 et al. v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY. Record
• Court: Virginia Supreme Court

Page 222

260 S.E.2d 222

220 Va. 547, 103 L.R.R.M. (BNA) 2514, 89 Lab.Cas. P 55,272

UNITED STEELWORKERS OF AMERICA, LOCAL 8417 et al. v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY.

Record No. 771634.

Supreme Court of Virginia.

Nov. 21, 1979.

Robert H. Stropp, Jr., Birmingham, Ala. (C. T. Neale, III, R. M. Brown, Jr., Hudgins & Neale, Newport News, Cooper, Mitch & Crawford, Birmingham, Ala., on briefs), for appellants.

Junius C. McElveen, Jr., Washington, D.C. (Ray J. Schoonhoven, Washington, D.C., Vincent F. Ewell Jr., Seyfarth, Shaw, Fairweather & Geraldson, Washington, D.C., on brief), for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

COCHRAN, Justice.

In this appeal, the question is whether the trial court, acting within the constraints of the pleadings, properly imposed punishment for violation of the terms of an injunction.

On April 1, 1977 Peninsula Shipbuilders' Association (PSA), asserting that it represented as exclusive bargaining agent the production and maintenance employees of Newport News Shipbuilding and Dry Dock Company (the Company), filed in the trial court a verified bill of complaint for injunctive relief against the United Steelworkers of America, Local 8417 (the Union). The complaint alleged that the Union, representing certain design-related employees, had commenced a strike against the Company on April 1, had established picket lines at Company entrances, and by threats and intimidation had hindered employees represented by PSA from entering and leaving the Company premises. By order entered on the same date, the trial court granted a temporary injunction, effective for 60 days, that restrained the Union and its members from picketing unlawfully and from interfering with the rights of employees represented by PSA to go to and from their work. On April 4, the Company was granted leave to intervene; L. L. Johnson, M. K. Trueblood, R. Taylor, and R. E. Price, individually and as officers of the Union, and unknown persons, were made subject to the temporary injunction; and the injunctive order was amended to include all the named defendants and to delineate in greater detail the conduct that was thereby proscribed.

Subsequently, upon the Company's motion, an order was entered requiring the defendants to show cause why they should not be held in contempt for violation of the injunction. After an evidentiary hearing on May 17, 18 and 20, the trial court ruled that violations had been established. However, the court reserved imposition of sanctions to give the defendants an opportunity to purge themselves of contempt by showing their good faith in conducting the strike peaceably, and extended the injunction for the duration of the strike.

Pursuant to another show cause order entered upon motion of the Company and served upon the named defendants and J. D. Champion, Granville Diehl, Jr., and Archie D. Spivey, an evidentiary hearing was held on July 19 and 20. There was evidence that nonstriking employees had been threatened by some of the Union's officers and members, and that one worker had been assaulted and severely beaten by Champion and Diehl. The trial court, holding that the Union was responsible for these acts of its officers and members, found the Union and various individuals in contempt for violating the injunction, and fixed their penalties by judgment order entered July 21, effective August 5, 1977. The Union was fined $5,000. The court withheld imposition of any penalty against Johnson, the Union's president and chief negotiator, until the conclusion of the strike, unless otherwise ordered. Edward J. Halligan and Edward L. Haney, Jr., were fined $150 each, Ernest G. Surles and Howard P. Joyce $250 each, James R. Brennan $300 and Roy E. Price $500. J. D. Champion and Granville Diehl, Jr., were each fined $500 and sentenced to serve 30 days in jail. A motion to suspend the jail sentences was denied, and the court directed that all fines be paid to the Commonwealth. The Union and others against whom penalties were imposed have appealed the final order of the trial court.

The appellants contend that they were improperly tried for criminal contempt within the framework of a civil proceeding in which they were denied certain rights to which they would have been entitled in a criminal contempt proceeding.

Contempt proceedings prosecuted to preserve the power and vindicate the dignity of the court are criminal and punitive; those prosecuted to preserve and enforce the rights of private parties are civil, remedial, and coercive. Local 333 B, United Marine Div. v. Commonwealth, 193 Va. 773, 780, 71 S.E.2d 159, 163, Cert. denied, 344 U.S. 893, 73 S.Ct. 212, 97 L.Ed. 690 (1952). The character and purpose of the punishment may determine the class of contempt, as stated in the landmark case of Gompers v. Bucks Stove & Range Co., 221 U.S. 418, 31 S.Ct. 492...