INTERNATIONAL LADIES' GARMENT WORKERS' UNION, LOCAL 415, INTERNATIONAL LADIES' GARMENT WORKERS' UNION, AFL-CIO, MIAMI JOINT COUNCIL OF THE INTERNATIONAL LADIES' GARMENT WORKERS' UNION, AFL-CIO, ALL UNINCORPORATED VOLUNTARY ASSOCIATIONS, ET AL., APPELLANTS,
v.
SCHERER & SONS, INC., A FLORIDA CORPORATION, AND THE FLORIDA APPAREL MANUFACTURERS' ASSOCIATION, INC., A FLORIDA CORPORATION, APPELLEES
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This case addresses whether union activities pressuring a non-unionized employer to enter into a union contract violate Florida's right-to-work amendment. The court affirmed an injunction against the union, finding that the union's primary and secondary economic pressures violated Florida's constitutional right-to-work protections.
The court held that the union's concerted activities violate Florida's right-to-work amendment by applying compulsive economic pressures to force the employer to execute a union contract and require employees to join the union as a condition of employment.
“the activities complained of constitute an unfair labor practice under the National Labor Relations Act the state jurisdiction must yield”
The court's initial reasoning that federal labor law preempted state jurisdiction, later clarified when the right-to-work amendment issue was properly raised.
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Join FLexlaw to unlock all legal intelligenceScherer & Sons, a Florida corporation, was subject to concerted union activities by the International Ladies' Garment Workers' Union and related entit…
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Scherer & Sons filed a complaint in the circuit court seeking damages against the appellants and an injunction to prevent them from enforcing any contract and entering into and agreeing to any agreement whereby Scherer & Sons is restricted in the full and free pursuit of its business.
This court previously reversed a temporary injunction order in this cause after finding that “[bjecause it has been made to fairly appear that the activities complained of constitute an unfair labor practice under the National Labor Relations Act the state jurisdiction must yield.”1 On certiorari, the Supreme Court approved our decision. However, the appellant therein asserted that the collective bargaining agreement collides with Florida’s right-to-work amendment. The Supreme Court found that this aspect of the problem was neither urged by the complaint nor supported by the evidence presented on application for temporary injunction. The court did remand to this court with directions to remand to the circuit court for further proceedings to afford the appellant an opportunity to establish the applicability of Florida’s right-to-work amendment, indicating that if this situation could be supported, then the Taft-Hartley recognition of permissible state concern in the enforcement of its right-to-work provisions would support state action.2 The complaint, as amended, after remand was dismissed and we reversed.3
The cause then proceeded to final hearing. The chancellor entered a final decree in which he found that the equities are with the appellee and:
“That the Plaintiff has proven the allegations of the complaint, as amended, *382by and with clear and convincing evidence.
“That the Plaintiff, and his employees, by the acts complained of in the complaint, and the conduct stemming therefrom, have suffered loss of earning in business and as wages and have been irreparably injured.
“That the concerted activities of the Defendants complained of in the complaint, and the amendment thereto, are in violation of the Florida Right to Work Amendment, as is set out in Section 12 of the Declaration of Rights of the Constitution of the State of Florida, in that the acts complained of and the contract which is the subject matter of this suit, constitute both primary and secondary economic pressures by the Defendants upon the Plaintiff for the purpose of compelling the Plaintiff to execute a contract with the Defendant Union (s) and/or to require the Plaintiff’s employees to join said Union(s) as a condition of employment, even though none of the Plaintiff’s employees are members of said Union (s), or, in the alternative to continue to suffer losses in its business with a likelihood of a cessation thereof, all of the above being within the purview of the law of the case in this cause of action, as is defined and set out in 142 So.2d 290 and 163 So.2d 306; see also Hescom, Inc. v. Stalvey, etc., [Fla.App. 1963], 155 So.2d 3.
“That the compulsive pressures brought to bear upon the Plaintiff, and its employees, by the Defendants, acting in concert, violate the Right to Work Amendment to the Constitution of the State of Florida, as aforesaid, and are tantamount to the taking of the Plaintiff’s property without due process of law.”
Based on these findings the chancellor permanently enjoined and restrained the appellants from violating Florida’s right-to-work amendment found in § 12, Declaration of Rights, Florida Constitution, F.S.A. including, but not limited to, the enforcement of any agreement requiring the cessation of business with the appellee, Scherer & Sons. The chancellor further restrained all picketing in violation of § 12 above.
Having determined that the evidence supports the findings and that no error has been made to appear, the decree appealed is affirmed.
Affirmed.
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Mendelsund v. Southern-Aire Coats OF Fla., Inc., 27 Fla. Supp. 174 (Dade Cty. Cir. Ct. 1966)…enalized by virtue of conducting a non-union business. Respondent Dworkin is not to be punished by virtue of his alleged association, if any, with non-union Southern-Aire. See [*183] International Ladies Garment W. U. v. Scherer & Sons, Inc., (1966) 188 So. 2d 380; Retail Clerks International Association, Local 1625 AFL-CIO v. Schermerhorn, 83 S. Ct. 1461, 373 U.S. 746, 10 L. Ed. 678 affirming Florida, 141 So. 2d 269. Although this court is of the opinion that the decree of the New York court is effective ag…
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Int'l Ladies' Garment Workers Union Local 415 v. Scherer & Sons, Inc., 200 So. 2d 805 (Fla. 1967)…Appeal dismissed without opinion. 188 So. 2d 380.…
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Int'l Ladies' Garment Workers' Union, Local 415, Int'l Ladies' Garment Workers' Union, AFL-CIO v. Scherer & Sons, Inc., 211 So. 2d 24 (Fla. 3d DCA 1968)…PER CURIAM. Whereas, the judgment of this court was entered on the 28th day of June, 1966 (188 So. 2d 380) affirming the judgment of the Circuit Court in and for Dade County, Florida, in the above styled cause; and, Whereas, on review of this court’s judgment by certiorari, the Supreme Court of the United States, by its opinion and judgment filed April…
Authorities Cited
- Scherer & Sons, Inc. v. Int'l Ladies' Garment Workers' Union, Local 415, Int'l Ladies' Garment Workers Union, AFL-CIO, 142 So. 2d 290 (Fla. 1962)
- Int'l Ladies' Garment Workers Union v. Scherer & Sons, Inc., 132 So. 2d 359 (Fla. 3d DCA 1961)
- Hescom, Inc. v. Stalvey, 155 So. 2d 3 (Fla. 1st DCA 1963)
- Scherer & Sons, Inc. v. Int'l Ladies' Garment Workers' Union, 163 So. 2d 306 (Fla. 3d DCA 1964)