DocketNumber: Sac. 5823
Citation Numbers: 31 Cal. 2d 441
Judges: Carter, Shenk
Filed Date: 2/5/1948
Status: Precedential
Modified Date: 8/7/2023
This is an appeal from an order granting a preliminary injunction issued in an action for injunctive relief against and damages for picketing. Plaintiff is a corporation operating a railroad common carrier, and particularly, in the instant ease, engaged as a common carrier in hauling logs and lumber products between points in northern California for various lumber companies and mills. Defendants are unions and the representatives and members thereof between whom and the lumber companies a labor dispute exists. There is no labor dispute between plaintiff and defendants.
The complaint charges that by reason of the labor dispute with the lumber companies, defendants have caused the lumber companies and their products to be designated unfair and
From the evidence and affidavits considered at the hearing prior to issuing the preliminary injunction, viewed most favorably to plaintiff as it must be inasmuch as the injunction was granted, it appears that between September 23d and 30th, 1946, defendants maintained picket lines at points where plaintiff’s main line traversed highways at grade in Sonoma County, many miles removed from the location of the lumber companies with whom the labor dispute existed, while plaintiff’s trains were operating as common carriers on its line. No weapons were displayed by the pickets, nor were acts of physical violence committed or directly threatened by them. The trains carried various kinds of freight including products of the lumber companies. The pickets carried banners bearing such statements as “unfair to organized labor,followed by the names of the lumber companies. There was evidence that some of the banners advised, in addition, that this operation is unfair to organized labor. The number of pickets ran as high as 90. On several occasions upon the approach of a train to the crossing the pickets would gather in a compact group directly on the tracks upon which the train was traveling and, instead of giving way for the passage of the train when the whistle and bell were sounded, the pickets
The preliminary injunction restrained defendants from (1) using against plaintiff or its employees “force or violence” in connection with picketing of plaintiff’s trains, premises, or goods transported by it; (2) “Hindering, delaying, interfering with, or in any manner obstructing the operation of trains, or any part thereof, of the plaintiff,” by picketing upon or across plaintiff’s tracks or right of way or upon grade crossings ‘ ‘ during the approach of trains, or any part thereof, to such crossings, or in any manner whatsoever.” (3) Picketing the tracks, trains or premises of plaintiff or its employees or goods transported by it “for the purpose of causing, compelling, persuading, inducing, demanding or coercing plaintiff, or its . . . employees ... to refuse to . . . transport, . . . or handle any goods or freight, or to make or grant any preference or advantage to, or subject to any discrimination, prejudice or disadvantage, any person or corporation, in respect to services or facilities furnished or to be furnished by plaintiff, as a common carrier, or by its agents, employees or representatives.” (4) Engaging in any “act, combination, agreement or concerted activity to cause, persuade, induce, compel or coerce the employees, ... of the plaintiff [or plaintiff] to refuse to handle any goods of any shipper, . . . or patron of plaintiff, or to discriminate for against any . . . patron of plaintiff in connection with the . . . handling of . . . freight . . . belonging to any . . . patron of plaintiff, . . . and from in any manner interfering with or obstructing the trains, or any part thereof, or the tracks, switches, team tracks, sidings, or other equipment or facilities of plaintiff in order to accomplish, or for the purpose, or with the
It is true that the publicizing of a labor dispute by picketing has been identified with the constitutional guaranties of freedom of speech, press and assembly. (In re Blaney, 30 Cal.2d 643 [184 P.2d 892]; Thomas v. Collins, 323 U.S. 516 [65 S.Ct. 315, 89 L.Ed. 430]; Cafeteria Union v. Angelos, 320 U.S. 293 [64 S.Ct. 126, 88 L.Ed. 58]; Hotel Employees’ Local v. Board, 315 U.S. 437 [62 S.Ct. 706, 86 L.Ed. 946]; Bakery Drivers Local v. Wohl, 315 U.S. 769 [62 S.Ct. 816, 86 L.Ed. 1178]; Carpenters Union v. Ritter’s Cafe, 315 U.S. 722 [62 S.Ct. 807, 86 L.Ed. 1143]; A. F. of L. v. Swing, 312 U.S. 321 [61 S.Ct. 568, 85 L.Ed. 855]; Carlson v. California, 310 U.S. 106 [60 S.Ct. 746, 84 L.Ed. 1104]; Thornhill v. Alabama, 310 U.S. 88 [60 S.Ct. 736, 84 L.Ed. 1093]; Senn v. Tile Layers Union, 301 U.S. 468 [57 S.Ct. 857, 81 L.Ed. 1229]; In re Porterfield, 28 Cal.2d 91 [168 P.2d 706, 167 A.L.R. 675]; Park & T. I. Corp. v. International etc. of Teamsters, 27 Cal.2d 599 [165 P.2d 891, 162 A.L.R. 1426]; James v. Marinship, 25 Cal.2d 721 [155 P.2d 329, 160 A.L.R 900]; Emde v. San Joaquin County etc. Council, 23 Cal.2d 146 [143 P.2d 20, 150 A.L.R. 916]; People v. Dail, 22 Cal.2d 642 [140 P.2d 828]; Magill Bros. v. Building Service etc. Union, 20 Cal.2d 506 [127 P.2d 542]; In re Bell, 19 Cal.2d 488 [122 P.2d 22]; Steiner v. Long Beach Local No. 128, 19 Cal.2d 676 [123 P.2d 20]; McKay v. Retail Auto S.L. Union No. 1067, 16 Cal.2d 311 [106 P.2d 373]; In re Lyons, 27 Cal.App.2d 182 [80 P.2d 745].) Such identification, however, does not free picketing from all restraint. (Carpenters Union v. Ritter’s Cafe, supra; Milk Wagon Drivers Union v. Meadowmoor Co., 312 U.S. 287 [61 S.Ct. 552, 85 L.Ed. 836, 132 A.L.R. 1200]; Steiner v. Long Beach Local No. 128, supra; Magill Bros. v. Building Service etc. Union, supra.) And it appears to be settled that injunctive relief against picketing is available where the object sought to be achieved or the means used to achieve it are unlawful. (See, Park & T. I. Corp. v. International etc. Teamsters, supra; James v. Marinship, supra; Magill Bros. v. Building Service etc. Union, supra; Dorchy v. State of Kansas, 272 U.S. 306 [47 S.Ct. 86, 71 L.Ed. 248]; Milk Wagon Drivers Union v. Meadowmoor, supra; Carpenters Union v. Ritter’s Cafe, supra; Allen-Bradley Local v. Board, 315 U.S. 740 [62 S.Ct. 820, 86 L.Ed. 1154]; Burlington Transp. Co. v. Hathaway, 234 Iowa 135
Plaintiff, as a railroad common carrier, is under a duty imposed by the Constitution and statutes of this state to accept freight for transportation from all shippers and to refrain from discrimination in'the service rendered to them. (Cal. Const., art. XII, § 21; Public Utilities Act, Stats. 1915, p. 115, as amended, §§ 13(b), 17, 19, 2 Deering’s Gen. Laws, Act 6386; Civ. Code, §§ 2169, 2170.) And sanctions are imposed for violations. (Public Utilities Act, §§ 73, 75, 76, 77, 81.) It has been held that interference with the performance by a common carrier of its duties, by union activities in a labor dispute with a third party, may be enjoined. (Burlington Transp. Co. v. Hathaway, supra; see 149 A.L.R. 1243.) In the instant ease it is clear from the evidence, including the complaint, that a case was made out by plaintiff in showing interference in the performance of its duties as a common carrier by the concerted activities of defendants in a labor dispute between defendants and third parties, the lumber companies. The object of the activity as well as the means employed to accomplish it would thus be unlawful—preventing or attempting to prevent the carrier from carrying out its statutory obligations—hence injunctive relief would appear to be proper.
The solution of labor problems requires, however, an approach with a broader perspective. Although literally, and in a strict sense, the objective or means employed in the union activity may be unlawful, there still remains the necessity for
In the case at bar the lumber mills involved in the labor dispute with defendants are many miles from the scene of defendants’ picketing activities of plaintiff’s trains and premises. There is no dispute between plaintiff and defendants. Hence there is not such an economic necessity for defendants to publicize their dispute by picketing plaintiff’s premises at the point where its trains cross highways, as will override the vital importance of the proper functioning of plaintiff as a common carrier in carrying out its constitutional and statutory imposed duties. Not only does the public welfare tip the scales in favor of preventive relief, but under these circumstances, plaintiff should not be required to run
It is urged that there was no showing of injury to plaintiff. But it must be conceded it was faced with the risk of incurring the sanctions imposed by law for a failure to perform its duties as a common carrier. That in itself is sufficient. Moreover it is evident from the evidence adduced that its trains were stopped. Such result was clearly injurious to it.
There was no violence or threat thereof, claim defendants, and hence there should be no injunction covering that field. It will be remembered however that the complaint charged defendants with having threatened the train crews with violence and bodily injury and some members of the train crew testified they feared physical injury to themselves if they passed the picket lines.
The fourth paragraph of the preliminary injunction is too broad. It enjoins any act, agreement or concerted activity to persuade or induce plaintiff or plaintiff’s employees to refuse to handle goods of patrons. Such conduct by picketing is adequately covered in the other paragraphs of the injunction. Under paragraph 4, it would be a violation of the injunction to agree to make or to make editorial comment in a newspaper for the purpose of persuading plaintiff to withhold services. For the reasons above discussed, equitable relief does not extend that far, even if the purpose or means be unlawful. It will not restrain the commission of a libel or slander, for that is prior censorship—a basic evil denounced by the Constitutions of the United States and California in protecting freedom of speech and press. It has been held that where the speech is expressed by picketing equity will give relief. (See Magill Bros. v. Building Service etc. Union, supra.) But where there is no picketing we have the “principle that equity will not grant injunctive relief against the publication of what might be, after publication, a libel or slander. (Dailey v. Superior Court, 112 Cal. 94 [44 P. 458, 53 Am.St.Rep. 160, 32 L.R.A. 273]; In re Wood, 194 Cal. 49, 60 [227 P. 908]; cf. People v. Armentrout, 118 Cal.App.
The preliminary injunction is modified by striking therefrom the fourth paragraph, and as so modified, is affirmed. The temporary restraining order having been dissolved and merged in the preliminary injunction, the appeal therefrom is dismissed.
Gibson, C. J., Traynor, J., and Schauer, J., concurred.
Edmonds, J., and Spence, J., concurred in the judgment.