LABOR LAW - PICKETING TO COMPEL BREACH OF A STATUTORY DUTY - CONFLICT BETWEEN NORRIS-LAGUARDIA ACT AND NATIONAL LABOR RELATIONS ACT

Authors

Michigan Law Review, University of Michigan Law School

Abstract

Petitioners, a corporate employer and an A. F. of L. union whose membership included all the company's active employees, brought suit in a federal court against a C. I. O. union, whose membership included two of petitioner's employees on strike, to enjoin respondents' picketing. The purpose of the picketing was to coerce the employer and employees to violate the agreement entered into with the petitioner union as exclusive bargaining agency and to cause the employer to rescind its recognition of that union. The trial court granted an injunction against all picketing on findings that the agreement between the employer and the petitioner union was negotiated and consummated pursuant to the National Labor Relations Act, that the picketing was without justification and unlawful, and that no labor dispute existed between the parties. Held on appeal, reversed and remanded, with directions to dissolve the injunction and dismiss the bill, on the ground that a labor dispute existed between the parties, and, therefore, in the absence of findings required by section 7 of the Norris-LaGuardia Act the trial court was without jurisdiction to issue the injunction. Fur Workers Union, Local No. 72 v. Fur Workers Union, No. 21238, (App. D. C. 1939) 105 F. (2d) 1., affd. per curiam 308 U.S. 522, 60 S. Ct. 292 (1939).

Recommended Citation

Michigan Law Review, LABOR LAW - PICKETING TO COMPEL BREACH OF A STATUTORY DUTY - CONFLICT BETWEEN NORRIS-LAGUARDIA ACT AND NATIONAL LABOR RELATIONS ACT, 38 Mich. L. Rev. 1325 (1940).
Available at: https://repository.law.umich.edu/mlr/vol38/iss8/19