Your Food Stores of Santa Fe v. RETAIL CLERKS, ETC.
| Decision Date | 22 May 1954 |
| Docket Number | Civ. A. No. 2543. |
| Citation | 121 F. Supp. 339 |
| Parties | YOUR FOOD STORES OF SANTA FE, Inc. v. RETAIL CLERKS LOCAL NO. 1564 (A.F.L.) et al. |
| Court | U.S. District Court — District of New Mexico |
F.A. Catron, Santa Fe, N.M., for plaintiff.
Edwin L. Felter, Santa Fe, N.M., for defendants.
This is an action instituted by Your Food Stores of Santa Fe, Inc., a corporation, against Retail Clerks Local No. 1564, affiliated with the American Federation of Labor, Meat Cutters and Butcher Workmen Local No. 168, affiliated with the American Federation of Labor, and certain officials and representatives of the two local unions, respectively.
It is pleaded in the complaint that plaintiff is engaged in the operation of a food market and shopping center in Santa Fe, New Mexico; that in January, 1954, the two local unions represented to plaintiff that such unions, respectively, represented the employees of plaintiff in its meat market, grocery, and other departments, and called upon plaintiff to recognize them as the bargaining representatives of its employees and to enter into contracts with them providing, among other things, for a union shop; that at the time referred to, the unions did not represent a majority of the employees in the units mentioned by reason whereof plaintiff refused the requested recognition and refused to enter into the requested contracts; that plaintiff advised the representatives of the local unions that it was willing for an election to be held to determine the question of representation and that the local unions refused the offer of an election; that in February, 1954, the employees of plaintiff formed an employee organization to represent such employees in their dealings with plaintiff as their employer; that 32 out of a total of 36 of its non-supervisory and other than temporary employees joined and became members of such organization; that on March 1, 1954, the employee organization called upon plaintiff to be recognized as the authorized representative of plaintiff's non-supervisory and other than temporary employees for collective bargaining purposes; that on March 5, 1954, the defendant local unions established a picket line on plaintiff's premises in front of the entrance to the food market; and that such picket line has continued and will be continued unless restrained. It is further alleged that the picketing has for its purposes and objectives compelling plaintiff to recognize the defendant unions as the representatives of the employees of plaintiff for collective bargining purposes, compelling plaintiff to negotiate for a contract with the unions as the representatives of the employees, and coercing such employees into joining one or the other of such union in order to retain their employment with plaintiff. It is further alleged that such acts and conduct on the part of the defendants constitute violations of certain provisions of the Labor Management Relations Act, as amended, 29 U.S. C.A. § 141 et seq. And it is further alleged that such picketing has interfered with the normal operation of plaintiff's store with resulting loss of business whereby plaintiff has been deprived of its property without due process of law. The prayer is that the defendants be restrained from picketing or maintaining a picket line in or about plaintiff's premises and from otherwise interfering with plaintiff in the operation of its business and business properties.
The action was instituted in the state court and that court entered a temporary restraining order substantially as sought in the complaint. The cause was seasonably removed to this court, and thereafter defendants filed a motion to vacate the temporary restraining order on the ground that the state court was without jurisdiction to enter such an order. And the defendants also filed a motion to dismiss the action on the ground that neither the state court nor this court has jurisdiction to grant the equitable relief prayed for in the cause. The cause is before the court on these motions.
In addition to pleading that the acts and conduct of the defendants constitute unfair labor practices within the intent and meaning of the Labor Management Relations Act, supra, plaintiff admitted in the course of the hearing on the motions that during the year immediately preceding the institution of the suit, it purchased within New...
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...was the intention of Congress to render criminal the activities concerned in the instant case.8 Accord: Your Food Stores of Santa Fe v. Retail Clerks, Etc. (D.C.N.M.1954) 121 F.Supp. 339, affd. (10th Cir. 1955) 225 F.2d 659; State v. Williams (Balt.Crim.Ct.Md.1959) 44 L.R.R.M. 2357, 2363; F......
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