Labor Dispute Injunction Case Example
In Carter v. Herrin Motor Freight Lines (5th Cir. 1942) 131 F.2d 557, the appellate court reversed an injunction, even though it agreed "the evidence supported the trial court's finding that there was violence" of an unspecified nature. (Id. at p. 562.)
Carter explained the statutory provision requiring a finding that local officials are unwilling or unable to provide adequate protection "was not written in the act as a merely perfunctory gesture, and it may not be perfunctorily complied with.
It expresses the legislative conviction that acts of violence and breaches of the peace in connection with labor disputes, which, and not the disputes themselves, are enjoinable under the act, ought not to be relieved against by injunction unless the local authorities whose duty it is to keep the peace have first been resorted to, and have either advised that they could not or would not keep it or advising that they could and would, have failed through inability or unwillingness to do so." (Id. at p. 561.)
In a case upholding an injunction, the evidence showed the police, although willing, were unable to afford adequate protection, as established by testimony " 'detailing incidents of mass picketing, physical assault, window breaking, tire slashing, blocking of plaintiffs' driveways, and threatening.' " (Charles D. Bonanno Linen Service v. McCarthy (1st Cir. 1976) 532 F.2d 189, 190.)