Show UNION PLANNING APPEAL ACTION IN BOYCOTT BAN Counsel to Attack Rule Requiring Damage Counsel for officials and members members members mem mem- bers of a labor union under Injunction Injunction injunction tion to cease a secondary boycott against the Utah Poultry Producers Producers' ers ers ers' Cooperative association and to pay damages Monday announced announced announced an an- plans to take an appeal to the state supreme court District Judge Herbert M M. Schiller Schiller Schiller ler issued the injunction and jUdgment judgment judgment judg jUdg- ment against the Amalgamated Meat Cutters and Butcher Workmen Workmen Workmen Work Work- men of North America an International International international union T T. John Lloyd its vice ice president Poultry Workers Fish Handlers Egg Feel and Creamery Workers Workers' local No of the A A. A M M. C C. and and B B. W W. its secretary Harry F F. F Harter Harter Harter Har- Har ter local No of the A A. M M. Cand C C. and B B. W W. and its officers R R. N N. Burkhardt president and Roy L L. Reese secretary and food handlers handlers' division of local No of which Laurence Oborn is president and S S. S B B. Wallace is secretary Individuals Defendants Individual members of the union affiliates also are defendants and liable for the judgment L L. Eggertsen Cluff attorney for forthe forthe forthe the said We shall appeal to the state supreme court The decision relates that prior to January 1939 the association had labor contracts with local No covering in its dressing dressing dressing dress dress- ing plants at American Fork and at 45 West Seventh South street in Salt Lake Lale City and its mill at 1800 South West Temple street Then the mill withdrew from local No formed an independent independent in independent in- in dependent union and demanded that the association recognize it it as the sole bargaining agent for mill A similar demand was made by local No Recognition Dela Delayed cd The association refused to recognize recognize recognize rec rec- either union until one was certified by the national labor relations relations re re relations lations board which resulted Inan inan in inan an N L R B hearing an election am among ng tHe th-e mill and the subsequent certification of the inde independent in independent in- in de dependent union Thereupon the decision continues continues contin contin- ues the defendant unions demanded demand demand- i ed the Safeway Stores Inc and the Success Markets of Salt Lake I City cease purchasing milk white while eggs a product of the association association association as as- lest their stores be picketed picketed picketed pick pick- eted and their union fined finer for handling struck goods The two companies complied The decision adds that an un- un t Continued o on Tape Pace Twenty Twenty four four I UNION PLANS HIGH COURT APPEAL I IN BAN ON SECO SECONDARY DARY BOYCOTT Continued from Local Page Paje I f successful effort was vas made to stop I the sale saie of milk white eggs In InI I Interstate commerce The court held a secondary boycott boyt boy boy- t cott coU had been established that secondary boycott was not legalized legalized legalized legal legal- izedor or jurisdiction eliminated by Utah's injunction anti law and that n no labor dispute existed contrary con conS to the defendants' defendants contention conten conten- tion In the judgment was S granted for loss caused by the ne necessity of selling in the T New ew York market eggs that would have otherwise otherwise oth oth- been sold locally and 2500 as the cost th that t will be necessary to reestablish the local market Court Sees In IrL finding that a secondary boycott boycott boycott boy boy- cott existed Judge Schiller found that coercive e pressure was brought upon the associations association's customers to withhold patronage through I S fear far of loss or damage to them them- selves This he held differs from froma a primary boycott which is a a combination to refrain from irom dealIng dealing dealing deal deal- ing with complainant or to to advIse advise advise ad ad- vise or orby by peaceful means to persuade persuade persuade per per- suade complainants complainant's customers to refrain Judge Schiller acted on authority I that said What will constitute actionable threats or intimidation operating to prevent the customers of a party from dealing with him must be determined in each case ase from all of the circumstances attending It If Jf things done or words spoken are such that they will excite fear or reasonable apprehension of damage and so influence those for whom designed d as to prevent them from freely doing what they desire desire desire de de- de- de sire and the law permits that maybe restrained and the courts Will look beyond the mere letter of the act or word into its spirit and intent Held Sufficient S If If notices given or r things done have the have the natural effect of excitIng exciting exciting ing a reasonable fear or apprehension apprehension apprehension hension on the part of third perSons persons persons per per- sons that their businesses will be injured unless they cease patronIzing patronIzing patronizing patron patron- izing the person boycotted it is immaterial ri ll that they are not accompanied accompanied accompanied ac ac- ac- ac companied by threats The law recognizes and gives full force to threats which are not spoken as aswell aswell aswell well as those w which h i c h hare are It ItIn spoken In finding ing the court has jurisdiction jurisdiction jurisdiction tion in cases involving secondary boycott Judge Schiller cites Utah S law S the courts court's power to grant injunctions in labor disputes has been taken away avay only in cases not Involving intimidation or coercion The limitations limitations' placed on the jurisdiction of the courts by the mentioned above subsection of the statute therefore do not apply to the secondary boycott by the wordIng wording wording word word- ing of the statute itself Discusses Discuses N L I R B BRule Rule Although Although- denying that the question question question ques ques- tion of existence of a labor dispute in m view of the secondary boycott would affect the decision Judge Schiller nevertheless held that no labor dispute existed after the N L LR LR LR R B 13 decision citing another court decision saying I It would be under these circumstances to show that the labor dispute still exists merely because a minority of em em- apparently dissatisfied with the result of the N L R B certification certification cation is unwilling to abide b by the will of the majority It seems to the court that since the picketIng picketing picketing picket picket- ing Ing- Ingby by the minority union is in effect an attempt to force the breach of the agreement which was entered into under the circumstances circumstances circum circumstances circum- circum stances above described this court of equity should prevent the te irreparable irreparable irreparable arable injury which flows there there- from The decision added In In reality they the Ule defendants are not seeking to enforce the struck goods clause of their labor contracts f for r the restriction placed on the pl plaintiffs customers was not that they must be union eggs but that they must cease buying milk white eggs eggs eggs' One of these customers of the plaintiff is now patronizing a nonunion house without without without with with- out objection from the defendants |