HOTEL EMPLOYEES UNION, LOCAL NO. 255, ET AL.
v.
SAX ENTERPRISES, INC., ET AL.

U.S. | 1959-01-12
No. 5
358 U.S. 270 Supreme Court of the United States (1959) Negative Treatment
Also reported at: 3 L. Ed. 2d 289 · 79 S. Ct. 273 · 1959 U.S. LEXIS 1832 · SCDB 1958-029
Cited by 25 cases

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Holding

The Florida courts were without jurisdiction to enjoin organizational picketing, regardless of whether it was protected or prohibited by the National Labor Relations Act.

Facts & Procedural History

This case involves twelve consolidated cases concerning the power of Florida courts to enjoin organizational picketing at Florida resort hotels. The F…

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Topics
Organizational Picketing State Court Jurisdiction Interstate Commerce National Labor Relations Act

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Per_curiam
Per Curiam.

Per Curiam.

The judgments of the Supreme Court of Florida in these twelve consolidated cases must be reversed. They all concern the power of the courts of Florida to enjoin organizational picketing at twelve Florida resort hotels. After a series of decisions in regard to these and related cases,* the Florida Supreme Court, in identical per curiam opinions, affirmed the issuance of permanent injunctions against the picketing. The Florida courts were without jurisdiction to enjoin this organizational picketing, whether it was activity protected by § 7 of the National Labor Relations Act, as amended, 29 U. S. C. § 157, Hill v. Florida ex rel. Watson, 325 U. S. 538, or prohibited by § 8 (b) (4) of the Act, 29 U. S. C. § 158 (b)(4), Garner v. Teamsters Union, 346 U. S. 485. See Weber v. Anheuser-Busch, Inc., 348 U. S. 468, at 481. This follows even though the National Labor Relations Board refused to take jurisdiction, Amalgamated Meat Cutters v. Fairlawn Meats, 353 U. S. 20. The record does not disclose violence sufficient to give the State jurisdiction under United Automobile Workers v. Wisconsin Board, 351 U. S. 266. In none of the twelve cases did the Florida trial courts make any finding of violence, and in some an affirmative finding of no violence was made.

Since it was stipulated below that a witness would testify that interstate commerce was involved in the Florida resort hotel industry, and since the parties asked that “Final Decree be entered by the Chancellor upon the record as now made in the light of this Stipulation,” we find it unnecessary to remand for consideration of that question. See Hotel Employees Local No. 255 v. Leedom, 358 U. S. 99. Other questions raised by respondents are either without merit or irrelevant to this disposition of the cases.

Reversed.

*

Sax Enterprises, Inc., v. Hotel Employees Union, 80 So. 2d 602; Boca Raton Club, Inc., v. Hotel Employees Union, 83 So. 2d 11; and Fontainebleau Hotel Corp. v. Hotel Employees Union, 92 So. 2d 415.

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Citator

Cited By

  • Int'l HOD Carriers' Bldg. & Common Laborers' Union Local 478-AFL-CIO v. Heftler Constr. Co., 116 So. 2d 30 (Fla. 3d DCA 1959)
    …fects interstate commerce. Guss v. Utah Labor Relations Board, 353 U.S. 1, 77 S.Ct. 598, 1 L.Ed.2d 601; Amalgamated Meat Cutters & Butcher Workmen v. Fairlawn Meats, 353 U.S. 20, 77 S.Ct. 604, 1 L.Ed.2d 613; Hotel Employees Union v. Sax Enterprises, 358 U.S. 270, 79 S.Ct. 273, 3 L.Ed.2d 289. There is only one question here: Did the unfair labor practices of the defendants have an effect on interstate commerce? No question of violence is here involved which would give the state jurisdiction on that score.…
  • Hotel & Rest. Emps. & Bartenders Union Local NO. 339 v. Creighton's Rest. Corp., 115 So. 2d 30 (Fla. 2d DCA 1959)
    …f the defendant union and its agents as being indefinite, uncertain and broader than necessary under the existing law of Florida. The defendants, under the first point, cite the case of Hotel Employees Union, Local No. 255 v. Sax Enterprises, Inc., 358 U.S. 270, 79 S.Ct. 273, 3 L.Ed.2d 289, decided January 12, 1959, wherein the Supreme Court reversed the Supreme Court of Florida in twelve consolidated cases. In the language of the court: “The judgments of the Supreme Court of Florida in these twelve conso…
    1 / 2
  • Dade Cnty. Port Auth. v. Flight Eng'rs Int'l Ass'n, 20 Fla. Supp. 150 (Dade Cty. Cir. Ct. 1962)
    …coercion”. Without these a state court under the circumstances here is powerless to act. Wood, Wire & Metal Lathers International Union v. Babcock Co., Fla. App., 132 So. 2d 16. See also Hotel Employees Union, Local No. 255 v. Sax Enterprises, Inc., 358 U.S. 270, 79 S.Ct. 273, wherein the Supreme Court of the United States reversed the Supreme Court of Florida for reaching a contrary result. Actually this case is controlled by the ease of McMahon et al v. Milam Mfg. Co., 368 U.S. 7, 82 S.Ct. 16(4). In that…

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