From Casetext: Smarter Legal Research

Walters v. Int. A. Plbrs. Steamfitters

United States Court of Appeals, Sixth Circuit
Oct 21, 1963
323 F.2d 578 (6th Cir. 1963)

Summary

holding that United Association could not be held liable for the acts of one of its locals

Summary of this case from D'Onofrio v. City of New York

Opinion

Nos. 15234-15236.

October 21, 1963.

Sizer Chambliss and Jac Chambliss, Chattanooga, Tenn. (Chambliss, Chambliss Hodge, Chattanooga, Tenn., on the brief), for Arthur Walters.

Martin F. O'Donoghue, Jr., Washington, D.C. (O'Donoghue O'Donoghue, Washington, D.C., Friar Reynolds, Knoxville, Tenn., on the brief), for International Ass'n of Plumbers, etc.

S. Del Fuston, Chattanooga, Tenn. (H.G.B. King, Chattanooga, Tenn., King Fuston, on the brief), for Local 43, etc.

Before CECIL, Chief Judge, WEICK, Circuit Judge, and PECK, District Judge.


The plaintiff, Arthur Walters, recovered judgment in the District Court against Local 43 and the International Union incorrectly designated in the complaint as United Association of Plumbers and Steamfitters, AFL-CIO for damages in the amount of $2,937.50 for violation of the secondary boycott provisions contained in Title 29 U.S.C. § 187.

The correct name of the International is: "United Association of Journeymen and Apprentices of the Plumbing and Fitting Industry of the United States and Canada, AFL-CIO."

Walters was a small contractor engaged in the installation and repair of refrigeration and air-conditioning systems in Chattanooga, Tennessee. He had an oral agreement to instal an air-conditioning system in a building being constructed by Red Food Stores in Rossville, Georgia which is located just across the state line from Chattanooga. Walters was not a union member.

The Local placed a picket at the construction site carrying a sign which read "Pipe work on this job not being done by members of Local 43." Red Food Stores then removed Walters from the job and has not given him any work since.

We think the findings of fact of the District Court relative to Local 43 were supported by substantial evidence and are not clearly erroneous. His conclusions of law with respect to the Local are correct. In our judgment, the District Court was not obliged to award punitive damages to plaintiff or treble the amount of the damages under the statutory law of Tennessee. We find no fault with the damages awarded by the District Court.

There is no evidence in the record, however, that United participated in any way in the placing of the picket or ratified the picketing. The judgment against it has no support.

An order may, therefore, be entered affirming the judgment against Local 43. The judgment against United Association of Plumbers and Steamfitters, AFL-CIO is reversed and the cause remanded with instructions to dismiss the complaint as to it.


Summaries of

Walters v. Int. A. Plbrs. Steamfitters

United States Court of Appeals, Sixth Circuit
Oct 21, 1963
323 F.2d 578 (6th Cir. 1963)

holding that United Association could not be held liable for the acts of one of its locals

Summary of this case from D'Onofrio v. City of New York

In Walters, a non-union contractor engaged in the installation and repair of refrigeration and air conditioning systems was removed from a job as a result of picketing by members of a local of the United Association of Plumbers Steamfitters, the same entity appearing as Defendant here.

Summary of this case from F. A. Villalba Co. v. U. Ass'n of Journeymen
Case details for

Walters v. Int. A. Plbrs. Steamfitters

Case Details

Full title:Arthur WALTERS, Plaintiff-Appellee, v. INTERNATIONAL ASSOCIATION OF…

Court:United States Court of Appeals, Sixth Circuit

Date published: Oct 21, 1963

Citations

323 F.2d 578 (6th Cir. 1963)

Citing Cases

F. A. Villalba Co. v. U. Ass'n of Journeymen

In weighing the indicia of union control of the Local against the indicia of local autonomy, this Court is…

Rommel-McFerran Company v. Local Union No. 369

This action was brought under Sec. 303 of the Labor-Management Act. See Walters v. International Ass'n of…