text:
New Negro Alliance v. Grocery Co., 303 U.S. 552 (1938)
Supreme Court of the United States
Filed: April 25th, 1938
Precedential Status: Precedential
Citations: 303 U.S. 552, 58 S. Ct. 703, 82 L. Ed. 1012, 1938 U.S. LEXIS 367
Docket Number: 511
Supreme Court Database ID: 1937-133
Author: Owen Josephus Roberts

303 U.S. 552 (1938)
NEW NEGRO ALLIANCE
v.
SANITARY GROCERY CO.[*]

No. 511.
Supreme Court of United States.

Argued March 2, 3, 1938.
Decided March 28, 1938.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA.
*553 Messrs. Belford V. Lawson, Jr. and Thurman L. Dodson, with whom Mr. Theodore M. Berry was on the brief, for petitioners.

Mr. A. Coulter Wells, with whom Mr. William E. Carey, Jr. was on the brief, for respondent.

*554 MR. JUSTICE ROBERTS delivered the opinion of the Court.

The matter in controversy is whether the case made by the pleadings involves or grows out of a labor dispute within the meaning of § 13 of the Norris-La Guardia Act.[1]

The respondent, by bill filed in the District Court of the District of Columbia, sought an injunction restraining the petitioners and their agents from picketing its stores and engaging in other activities injurious to its business. The petitioners answered, the cause was heard upon bill and answer, and an injunction was awarded. The United States Court of Appeals for the District of Columbia affirmed the decree.[2] The importance of the question presented and asserted conflict with the decisions of this and other federal courts moved us to grant certiorari.

*555 As the case was heard upon the bill and a verified answer the facts upon which decision must rest are those set forth in the bill and admitted or not denied by the answer and those affirmatively set up in the answer.

The following facts alleged in the bill are admitted by the answer. Respondent, a Delaware corporation, operates 255 retail grocery, meat, and vegetable stores, a warehouse and a bakery in the District of Columbia and employs both white and colored persons. April 3, 1936, it opened a new store at 1936 Eleventh Street, N.W., installing personnel having an acquaintance with the trade in the vicinity. Petitioner, The New Negro Alliance, is a corporation composed of colored persons, organized for the mutual improvement of its members and the promotion of civic, educational, benevolent, and charitable enterprises. The individual petitioners are officers of the corporation. The relation of employer and employes does not exist between the respondent and the petitioners or any of them. The petitioners are not engaged in any business competitive with that of the respondent, and the officers, members, or representatives of the Alliance are not engaged in the same business or occupation as the respondent or its employes.

As to other matters of fact, the state of the pleadings may be briefly summarized. The bill asserts: the petitioners have made arbitrary and summary demands upon the respondent that it engage and employ colored persons in managerial and sales positions in the new store and in various other stores; it is essential to the conduct of the business that respondent employ experienced persons in its stores and compliance with the arbitrary demands of defendants would involve the discharge of white employes and their replacement with colored; it is imperative that respondent be free in the selection and control of persons employed by it without interference by the petitioners *556 or others; petitioners have written respondent letters threatening boycott and ruination of its business and notices that by means of announcements, meetings and advertising the petitioners will circulate statements that respondent is unfair to colored people and to the colored race and, contrary to fact, that respondent does not employ colored persons; respondent has not acceded to these demands. The answer admits the respondent has not acceded to the petitioners' demands, but denies the other allegations and states that the Alliance and its agents have requested only that respondent, in the regular course of personnel changes in its retail stores, give employment to Negroes as clerks, particularly in stores patronized largely by colored people; that the petitioners have not requested the discharge of white employes nor sought action which would involve their discharge. It denies the making of the threats described and alleges the only representations threatened by the Alliance or its authorized agents are true representations that named stores of the respondent do not employ Negroes as sales persons and that the petitioners have threatened no more than the use of lawful and peaceable persuasion of members of the community to withhold patronage from particular stores after the respondent's refusal to acknowledge petitioner's requests that it adopt a policy of employing Negro clerks in such stores in the regular course of personnel changes.

The bill further alleges that the petitioners and their authorized representatives "have unlawfully conspired with each other to picket, patrol, boycott, and ruin the Plaintiff's business in said stores, and particularly in the store located at 1936 Eleventh Street, Northwest" and, "in an effort to fulfill their threats of coercion and intimidation, actually have caused the said store to be picketed or patrolled during hours of business of the plaintiff, by their members, representatives, officers, agents, servants, *557 and employees"; the pickets carrying large placards charging respondent with being unfair to Negroes and reading: "Do your Part! Buy Where You Can Work! No Negroes Employed Here!" for the purpose of intimidating and coercing prospective customers from entering the respondent's store until the respondent accedes to the petitioners' demands. "Said defendants, their pickets or patrols or some of them have jostled and collided with persons in front of the said store and have physically hindered, obstructed, interfered with, delayed, molested, and harassed persons desiring to enter the place of business of the Plaintiff Corporation; said pickets, or some of them, have attempted to dissuade and prevent persons from entering plaintiff's place of business; said defendants, their pickets or patrols are disorderly while picketing or patrolling, and attract crowds to gather in front of said store, and encourage the crowds or members thereof to become disorderly, and to harass, and otherwise annoy, interfere with and attempt to dissuade, and to prevent persons from entering the place of business of the plaintiff, the disorder thereby preventing the proper conduct of and operation of the plaintiff's business. Defendants have threatened to use similar tactics of picketing and patrolling as aforesaid in front of the several other stores of the plaintiff." Four photographs alleged to portray the picketing are annexed as exhibits to the bill. One of them shows a man carrying a sandwich placard on the sidewalk and no one else within the range of the camera. In another, two children are seen beside the picket; in another, two adults; in the fourth, one adult entering respondent's store at a distance from the picket and without apparent interference. The answer denies all these allegations save that it admits the petitioners did, during April 4, 1936, and at no other time, cause the store at 1936 Eleventh Street, N.W., to be continuously picketed by a single person carrying a placard exhibiting *558 the words quoted by the bill; and the petitioners, prior to the acts complained of in the bill, picketed, or expressed the intention of picketing, two other stores. It admits that the photographs correctly represent the picketing of April 4, 1936. The answer avers the information carried on the placards was true, was not intended to, and did not in fact, intimidate customers; there was no physical obstruction, interference or harassment of anyone desiring to enter the store; there was no disorderly conduct, and the picketing did not cause or encourage crowds to gather in front of the store.

The bill states: "As evidence of the widespread and concerted action planned by the Defendants herein, they have caused to be placed or have permitted to appear in the Washington Tribune . .. the following statements . . ." There follow quotations from articles appearing in the newspaper purporting to report meetings of the Alliance and speeches made thereat. There is no statement that the facts reported in the articles are true. The answer denies that any of the petitioners is connected with or exercises any control over the Washington Tribune or caused or permitted that newspaper to publish any article or news item whatsoever or in any way acted in concert with the newspaper in those publications.

The bill asserts that petitioners and their representatives, officers, and agents, unlawfully conspired to picket, boycott, and ruin the respondent's business in its stores, particularly the store at 1936 Eleventh Street. This is denied by the answer.

The bill says that the described conduct of petitioners will continue until respondent complies with petitioners' demands; is and will continue to be dangerous to the life and health of persons on the highway, to property thereon, and to respondent's employes, its property, and business and will cause respondent irreparable injury; the petitioners' acts are unlawful, constitute a conspiracy in *559 restraint of trade, and, if continued, will ruin the respondent's business. The answer denies these allegations so far as they constitute assertions of fact.

The case, then, as it stood for judgment, was this: The petitioners requested the respondent to adopt a policy of employing Negro clerks in certain of its stores in the course of personnel changes; the respondent ignored the request and the petitioners caused one person to patrol in front of one of the respondent's stores on one day carrying a placard which said: "Do Your Part! Buy Where You Can Work! No Negroes Employed Here!" and caused or threatened a similar patrol of two other stores of respondent. The information borne by the placard was true. The patrolling did not coerce or intimidate respondent's customers; did not physically obstruct, interfere with, or harass persons desiring to enter the store, the picket acted in an orderly manner, and his conduct did not cause crowds to gather in front of the store.

The trial judge was of the view that the laws relating to labor disputes had no application to the case. He entered a decree enjoining the petitioners and their agents and employes from picketing or patrolling any of the respondent's stores, boycotting or urging others to boycott respondent; restraining them, whether by inducements, threats, intimidation or actual or threatened physical force from hindering any person entering respondent's places of business, from destroying or damaging or threatening to destroy or damage respondent's property and from aiding or abetting others in doing any of the prohibited things. The Court of Appeals thought that the dispute was not a labor dispute within the Norris-LaGuardia Act because it did not involve terms and conditions of employment such as wages, hours, unionization or betterment of working conditions, and that the trial court, therefore, had jurisdiction to issue the injunction. We think the conclusion that the dispute was not a labor dispute *560 within the meaning of the Act, because it did not involve terms and conditions of employment in the sense of wages, hours, unionization or betterment of working conditions is erroneous.

Subsection (a) of § 13 provides: "A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in the same industry, trade, craft, or occupation; or have direct or indirect interests therein; . . . or when the case involves any conflicting or competing interests in a `labor dispute' (as hereinafter defined) of `persons participating or interested' therein (as hereinafter defined)." Subsection (b) characterizes a person or association as participating or interested in a labor dispute "if relief is sought against him or it and if he or it . . . has a direct or indirect interest therein, . . ." Subsection (c) defines the term "labor dispute" as including "any controversy concerning terms or conditions of employment, . . . regardless of whether or not the disputants stand in the proximate relation of employer and employee." These definitions plainly embrace the controversy which gave rise to the instant suit and classify it as one arising out of a dispute defined as a labor dispute. They leave no doubt that The New Negro Alliance and the individual petitioners are, in contemplation of the Act, persons interested in the dispute.[3]

In quoting the clauses of § 13 we have omitted those that deal with disputes between employers and employes and disputes between associations of persons engaged in a particular trade or craft, and employers in the same industry. It is to be noted, however, that the inclusion in the definitions of such disputes, and the persons interested in them, serves to emphasize the fact that the quoted portions were intended to embrace controversies *561 other than those between employers and employes; between labor unions seeking to represent employes and employers; and between persons seeking employment and employers.

The Act does not concern itself with the background or the motives of the dispute. The desire for fair and equitable conditions of employment on the part of persons of any race, color, or persuasion, and the removal of discriminations against them by reason of their race or religious beliefs is quite as important to those concerned as fairness and equity in terms and conditions of employment can be to trade or craft unions or any form of labor organization or association. Race discrimination by an employer may reasonably be deemed more unfair and less excusable than discrimination against workers on the ground of union affiliation. There is no justification in the apparent purposes or the express terms of the Act for limiting its definition of labor disputes and cases arising therefrom by excluding those which arise with respect to discrimination in terms and conditions of employment based upon differences of race or color.

The purpose and policy of the Act respecting the jurisdiction of the federal courts is set forth in §§ 4 and 7. The former deprives those courts of jurisdiction to issue an injunction against, inter alia, giving publicity to the existence of, or the facts involved in, any labor dispute, whether by advertising, speaking, patrolling, or by any other method not involving fraud or violence; against assembling peaceably to act or to organize to act in promotion of interests in a labor dispute; against advising or notifying any person of an intention to do any of the acts specified; against agreeing with other persons to do any of the acts specified.[4] Section 7 deprives the *562 courts of jurisdiction to issue an injunction in any case involving or growing out of a labor dispute, except after hearing sworn testimony in open court in support of the allegations of the complaint, and upon findings of fact to the effect (a) that unlawful acts have been threatened and will be committed unless restrained, or have been committed and will be continued, unless restrained, and then only against the person or persons, association or organization making the threat or permitting the unlawful act or authorizing or ratifying it; (b) that substantial and irreparable injury to complainant's property will follow; (c) that, as to each item of relief granted, greater injury will be inflicted upon the complainant by denial of the relief than will be inflicted on the defendant by granting it; (d) that complainant has no adequate remedy at law, and (e) that the public officers charged with the duty to protect complainant's property are unable or unwilling to furnish adequate protection.[5]

The legislative history of the Act demonstrates that it was the purpose of the Congress further to extend the prohibitions of the Clayton Act[6] respecting the exercise of jurisdiction by federal courts and to obviate the results of the judicial construction of that Act.[7] It was intended that peaceful and orderly dissemination of information by those defined as persons interested in a labor dispute concerning "terms and conditions of employment" in an industry or a plant or a place of business should be lawful; that, short of fraud, breach of the *563 peace, violence, or conduct otherwise unlawful, those having a direct or indirect interest in such terms and conditions of employment should be at liberty to advertise and disseminate facts and information with respect to terms and conditions of employment, and peacefully to persuade others to concur in their views respecting an employer's practices.[8] The District Court erred in not complying with the provisions of the Act.

The decree must be reversed and the cause remanded to the District Court for further proceedings in conformity with this opinion.

Reversed.

MR. JUSTICE CARDOZO took no part in the consideration or decision of this case.

MR. JUSTICE McREYNOLDS, dissenting.

MR. JUSTICE BUTLER and I cannot accept the view that a "labor dispute" emerges whenever an employer fails to respond to a communication from A, B and C — irrespective of their race, character, reputation, fitness, previous or present employment — suggesting displeasure because of his choice of employes and their expectation that in the future he will not fail to select men of their complexion.

It seems unbelievable that, in all such circumstances, Congress intended to inhibit courts from extending protection long guaranteed by law and thus, in effect, encourage mobbish interference with the individual's liberty of action. Under the tortured meaning now attributed to the words "labor dispute," no employer — merchant, manufacturer, builder, cobbler, housekeeper or what not — who *564 prefers helpers of one color or class can find adequate safeguard against intolerable violations of his freedom if members of some other class, religion, race or color demand that he give them precedence.[*]

Design thus to promote strife, encourage trespass and stimulate intimidation, ought not to be admitted where, as here, not plainly avowed. The ultimate result of the view now approved to the very people whom present petitioners claim to represent, it may be, is prefigured by the grievous plight of minorities in lands where the law has become a mere political instrument.

NOTES

[*] The opinion herein is reported as amended by Order of April 25, 1938, see 304 U.S.

[1] Act of March 23, 1932, c. 90, 47 Stat. 70, 73, U.S.C. Tit. 29. § 113.

[2]  67 App. D.C. 359; 92 F. (2d) 510.

[3] Compare Senn v. Tile Layers Union, 301 U.S. 468; Lauf v. Shinner & Co., 302 U.S. 323.

[4] U.S.C. Tit. 29, § 104.

[5] U.S.C. Tit. 29, § 107.

[6] Act of Oct. 15, 1914, c. 323, § 20, 38 Stat. 730, 738, U.S.C. Tit. 29, § 52.

[7] Duplex Printing Press Co. v. Deering, 254 U.S. 443; American Steel Foundries v. Tri-City Central Trades Council, 257 U.S. 184. Compare House Report No. 669, 72nd Cong., 1st Sess., and Senate Report 1060, 71st Cong., 2nd Sess., and Senate Report 163, 72nd Cong., 1st Sess.

[8] Compare Senn v. Tile Layers Union, 301 U.S. 468; Levering & Garrigues Co. v. Morrin, 71 F. (2d) 284; Cinderella Theatre Co. v. Sign Writers' Local, 6 F. Supp. 164; Miller Furniture Co. v. Furniture Workers Union, 8 F. Supp. 209.

[*] See — definition of Dispute, Webster's New International Dictionary; 29 U.S.C., § 113 (c); Senate Report No. 163, 72nd Congress, 1st Session, pp. 7, 11, 25; House Report No. 669, 72nd Congress, 1st Session, pp. 3, 7, 8, 10, 11.

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text: petitioners

text: and

text: their

text: authorized

text: representatives

text: have

text: unlawfully

text: conspired

text: with

text: each

text: other

text: to

text: picket

text: patrol

text: boycott

text: and

text: ruin

text: the

text: Plaintiff

text: s

text: business

text: in

text: said

text: stores

text: and

text: particularly

text: in

text: the

text: store

text: located

text: at

text: Eleventh

text: Street

text: Northwest

text: and

text: in

text: an

text: effort

text: to

text: fulfill

text: their

text: threats

text: of

text: coercion

text: and

text: intimidation

text: actually

text: have

text: caused

text: the

text: said

text: store

text: to

text: be

text: picketed

text: or

text: patrolled

text: during

text: hours

text: of

text: business

text: of

text: the

text: plaintiff

text: by

text: their

text: members

text: representatives

text: officers

text: agents

text: servants

text: and

text: employees

text: the

text: pickets

text: carrying

text: large

text: placards

text: charging

text: respondent

text: with

text: being

text: unfair

text: to

text: Negroes

text: and

text: reading

text: Do

text: your

text: Part

text: Buy

text: Where

text: You

text: Can

text: Work

text: No

text: Negroes

text: Employed

text: Here

text: for

text: the

text: purpose

text: of

text: intimidating

text: and

text: coercing

text: prospective

text: customers

text: from

text: entering

text: the

text: respondent

text: s

text: store

text: until

text: the

text: respondent

text: accedes

text: to

text: the

text: petitioners

text: demands

text: Said

text: defendants

text: their

text: pickets

text: or

text: patrols

text: or

text: some

text: of

text: them

text: have

text: jostled

text: and

text: collided

text: with

text: persons

text: in

text: front

text: of

text: the

text: said

text: store

text: and

text: have

text: physically

text: hindered

text: obstructed

text: interfered

text: with

text: delayed

text: molested

text: and

text: harassed

text: persons

text: desiring

text: to

text: enter

text: the

text: place

text: of

text: business

text: of

text: the

text: Plaintiff

text: Corporation

text: said

text: pickets

text: or

text: some

text: of

text: them

text: have

text: attempted

text: to

text: dissuade

text: and

text: prevent

text: persons

text: from

text: entering

text: plaintiff

text: s

text: place

text: of

text: business

text: said

text: defendants

text: their

text: pickets

text: or

text: patrols

text: are

text: disorderly

text: while

text: picketing

text: or

text: patrolling

text: and

text: attract

text: crowds

text: to

text: gather

text: in

text: front

text: of

text: said

text: store

text: and

text: encourage

text: the

text: crowds

text: or

text: members

text: thereof

text: to

text: become

text: disorderly

text: and

text: to

text: harass

text: and

text: otherwise

text: annoy

text: interfere

text: with

text: and

text: attempt

text: to

text: dissuade

text: and

text: to

text: prevent

text: persons

text: from

text: entering

text: the

text: place

text: of

text: business

text: of

text: the

text: plaintiff

text: the

text: disorder

text: thereby

text: preventing

text: the

text: proper

text: conduct

text: of

text: and

text: operation

text: of

text: the

text: plaintiff

text: s

text: business

text: Defendants

text: have

text: threatened

text: to

text: use

text: similar

text: tactics

text: of

text: picketing

text: and

text: patrolling

text: as

text: aforesaid

text: in

text: front

text: of

text: the

text: several

text: other

text: stores

text: of

text: the

text: plaintiff

text: Four

text: photographs

text: alleged

text: to

text: portray

text: the

text: picketing

text: are

text: annexed

text: as

text: exhibits

text: to

text: the

text: bill

text: One

text: of

text: them

text: shows

text: a

text: man

text: carrying

text: a

text: sandwich

text: placard

text: on

text: the

text: sidewalk

text: and

text: no

text: one

text: else

text: within

text: the

text: range

text: of

text: the

text: camera

text: In

text: another

text: two

text: children

text: are

text: seen

text: beside

text: the

text: picket

text: in

text: another

text: two

text: adults

text: in

text: the

text: fourth

text: one

text: adult

text: entering

text: respondent

text: s

text: store

text: at

text: a

text: distance

text: from

text: the

text: picket

text: and

text: without

text: apparent

text: interference

text: The

text: answer

text: denies

text: all

text: these

text: allegations

text: save

text: that

text: it

text: admits

text: the

text: petitioners

text: did

text: during

text: April

text: and

text: at

text: no

text: other

text: time

text: cause

text: the

text: store

text: at

text: Eleventh

text: Street

text: N

text: W

text: to

text: be

text: continuously

text: picketed

text: by

text: a

text: single

text: person

text: carrying

text: a

text: placard

text: exhibiting

text: the

text: words

text: quoted

text: by

text: the

text: bill

text: and

text: the

text: petitioners

text: prior

text: to

text: the

text: acts

text: complained

text: of

text: in

text: the

text: bill

text: picketed

text: or

text: expressed

text: the

text: intention

text: of

text: picketing

text: two

text: other

text: stores

text: It

text: admits

text: that

text: the

text: photographs

text: correctly

text: represent

text: the

text: picketing

text: of

text: April

text: The

text: answer

text: avers

text: the

text: information

text: carried

text: on

text: the

text: placards

text: was

text: true

text: was

text: not

text: intended

text: to

text: and

text: did

text: not

text: in

text: fact

text: intimidate

text: customers

text: there

text: was

text: no

text: physical

text: obstruction

text: interference

text: or

text: harassment

text: of

text: anyone

text: desiring

text: to

text: enter

text: the

text: store

text: there

text: was

text: no

text: disorderly

text: conduct

text: and

text: the

text: picketing

text: did

text: not

text: cause

text: or

text: encourage

text: crowds

text: to

text: gather

text: in

text: front

text: of

text: the

text: store

text: The

text: bill

text: states

text: As

text: evidence

text: of

text: the

text: widespread

text: and

text: concerted

text: action

text: planned

text: by

text: the

text: Defendants

text: herein

text: they

text: have

text: caused

text: to

text: be

text: placed

text: or

text: have

text: permitted

text: to

text: appear

text: in

text: the

text: Washington

text: Tribune

text: the

text: following

text: statements

text: There

text: follow

text: quotations

text: from

text: articles

text: appearing

text: in

text: the

text: newspaper

text: purporting

text: to

text: report

text: meetings

text: of

text: the

text: Alliance

text: and

text: speeches

text: made

text: thereat

text: There

text: is

text: no

text: statement

text: that

text: the

text: facts

text: reported

text: in

text: the

text: articles

text: are

text: true

text: The

text: answer

text: denies

text: that

text: any

text: of

text: the

text: petitioners

text: is

text: connected

text: with

text: or

text: exercises

text: any

text: control

text: over

text: the

text: Washington

text: Tribune

text: or

text: caused

text: or

text: permitted

text: that

text: newspaper

text: to

text: publish

text: any

text: article

text: or

text: news

text: item

text: whatsoever

text: or

text: in

text: any

text: way

text: acted

text: in

text: concert

text: with

text: the

text: newspaper

text: in

text: those

text: publications

text: The

text: bill

text: asserts

text: that

text: petitioners

text: and

text: their

text: representatives

text: officers

text: and

text: agents

text: unlawfully

text: conspired

text: to

text: picket

text: boycott

text: and

text: ruin

text: the

text: respondent

text: s

text: business

text: in

text: its

text: stores

text: particularly

text: the

text: store

text: at

text: Eleventh

text: Street

text: This

text: is

text: denied

text: by

text: the

text: answer

text: The

text: bill

text: says

text: that

text: the

text: described

text: conduct

text: of

text: petitioners

text: will

text: continue

text: until

text: respondent

text: complies

text: with

text: petitioners

text: demands

text: is

text: and

text: will

text: continue

text: to

text: be

text: dangerous

text: to

text: the

text: life

text: and

text: health

text: of

text: persons

text: on

text: the

text: highway

text: to

text: property

text: thereon

text: and

text: to

text: respondent

text: s

text: employes

text: its

text: property

text: and

text: business

text: and

text: will

text: cause

text: respondent

text: irreparable

text: injury

text: the

text: petitioners

text: acts

text: are

text: unlawful

text: constitute

text: a

text: conspiracy

text: in

text: restraint

text: of

text: trade

text: and

text: if

text: continued

text: will

text: ruin

text: the

text: respondent

text: s

text: business

text: The

text: answer

text: denies

text: these

text: allegations

text: so

text: far

text: as

text: they

text: constitute

text: assertions

text: of

text: fact

text: The

text: case

text: then

text: as

text: it

text: stood

text: for

text: judgment

text: was

text: this

text: The

text: petitioners

text: requested

text: the

text: respondent

text: to

text: adopt

text: a

text: policy

text: of

text: employing

text: Negro

text: clerks

text: in

text: certain

text: of

text: its

text: stores

text: in

text: the

text: course

text: of

text: personnel

text: changes

text: the

text: respondent

text: ignored

text: the

text: request

text: and

text: the

text: petitioners

text: caused

text: one

text: person

text: to

text: patrol

text: in

text: front

text: of

text: one

text: of

text: the

text: respondent

text: s

text: stores

text: on

text: one

text: day

text: carrying

text: a

text: placard

text: which

text: said

text: Do

text: Your

text: Part

text: Buy

text: Where

text: You

text: Can

text: Work

text: No

text: Negroes

text: Employed

text: Here

text: and

text: caused

text: or

text: threatened

text: a

text: similar

text: patrol

text: of

text: two

text: other

text: stores

text: of

text: respondent

text: The

text: information

text: borne

text: by

text: the

text: placard

text: was

text: true

text: The

text: patrolling

text: did

text: not

text: coerce

text: or

text: intimidate

text: respondent

text: s

text: customers

text: did

text: not

text: physically

text: obstruct

text: interfere

text: with

text: or

text: harass

text: persons

text: desiring

text: to

text: enter

text: the

text: store

text: the

text: picket

text: acted

text: in

text: an

text: orderly

text: manner

text: and

text: his

text: conduct

text: did

text: not

text: cause

text: crowds

text: to

text: gather

text: in

text: front

text: of

text: the

text: store

text: The

text: trial

text: judge

text: was

text: of

text: the

text: view

text: that

text: the

text: laws

text: relating

text: to

text: labor

text: disputes

text: had

text: no

text: application

text: to

text: the

text: case

text: He

text: entered

text: a

text: decree

text: enjoining

text: the

text: petitioners

text: and

text: their

text: agents

text: and

text: employes

text: from

text: picketing

text: or

text: patrolling

text: any

text: of

text: the

text: respondent

text: s

text: stores

text: boycotting

text: or

text: urging

text: others

text: to

text: boycott

text: respondent

text: restraining

text: them

text: whether

text: by

text: inducements

text: threats

text: intimidation

text: or

text: actual

text: or

text: threatened

text: physical

text: force

text: from

text: hindering

text: any

text: person

text: entering

text: respondent

text: s

text: places

text: of

text: business

text: from

text: destroying

text: or

text: damaging

text: or

text: threatening

text: to

text: destroy

text: or

text: damage

text: respondent

text: s

text: property

text: and

text: from

text: aiding

text: or

text: abetting

text: others

text: in

text: doing

text: any

text: of

text: the

text: prohibited

text: things

text: The

text: Court

text: of

text: Appeals

text: thought

text: that

text: the

text: dispute

text: was

text: not

text: a

text: labor

text: dispute

text: within

text: the

text: Norris

text: LaGuardia

text: Act

text: because

text: it

text: did

text: not

text: involve

text: terms

text: and

text: conditions

text: of

text: employment

text: such

text: as

text: wages

text: hours

text: unionization

text: or

text: betterment

text: of

text: working

text: conditions

text: and

text: that

text: the

text: trial

text: court

text: therefore

text: had

text: jurisdiction

text: to

text: issue

text: the

text: injunction

text: We

text: think

text: the

text: conclusion

text: that

text: the

text: dispute

text: was

text: not

text: a

text: labor

text: dispute

text: within

text: the

text: meaning

text: of

text: the

text: Act

text: because

text: it

text: did

text: not

text: involve

text: terms

text: and

text: conditions

text: of

text: employment

text: in

text: the

text: sense

text: of

text: wages

text: hours

text: unionization

text: or

text: betterment

text: of

text: working

text: conditions

text: is

text: erroneous

text: Subsection

text: a

text: of

text: provides

text: A

text: case

text: shall

text: be

text: held

text: to

text: involve

text: or

text: to

text: grow

text: out

text: of

text: a

text: labor

text: dispute

text: when

text: the

text: case

text: involves

text: persons

text: who

text: are

text: engaged

text: in

text: the

text: same

text: industry

text: trade

text: craft

text: or

text: occupation

text: or

text: have

text: direct

text: or

text: indirect

text: interests

text: therein

text: or

text: when

text: the

text: case

text: involves

text: any

text: conflicting

text: or

text: competing

text: interests

text: in

text: a

text: labor

text: dispute

text: as

text: hereinafter

text: defined

text: of

text: persons

text: participating

text: or

text: interested

text: therein

text: as

text: hereinafter

text: defined

text: Subsection

text: b

text: characterizes

text: a

text: person

text: or

text: association

text: as

text: participating

text: or

text: interested

text: in

text: a

text: labor

text: dispute

text: if

text: relief

text: is

text: sought

text: against

text: him

text: or

text: it

text: and

text: if

text: he

text: or

text: it

text: has

text: a

text: direct

text: or

text: indirect

text: interest

text: therein

text: Subsection

text: c

text: defines

text: the

text: term

text: labor

text: dispute

text: as

text: including

text: any

text: controversy

text: concerning

text: terms

text: or

text: conditions

text: of

text: employment

text: regardless

text: of

text: whether

text: or

text: not

text: the

text: disputants

text: stand

text: in

text: the

text: proximate

text: relation

text: of

text: employer

text: and

text: employee

text: These

text: definitions

text: plainly

text: embrace

text: the

text: controversy

text: which

text: gave

text: rise

text: to

text: the

text: instant

text: suit

text: and

text: classify

text: it

text: as

text: one

text: arising

text: out

text: of

text: a

text: dispute

text: defined

text: as

text: a

text: labor

text: dispute

text: They

text: leave

text: no

text: doubt

text: that

text: The

text: New

text: Negro

text: Alliance

text: and

text: the

text: individual

text: petitioners

text: are

text: in

text: contemplation

text: of

text: the

text: Act

text: persons

text: interested

text: in

text: the

text: dispute

text: In

text: quoting

text: the

text: clauses

text: of

text: we

text: have

text: omitted

text: those

text: that

text: deal

text: with

text: disputes

text: between

text: employers

text: and

text: employes

text: and

text: disputes

text: between

text: associations

text: of

text: persons

text: engaged

text: in

text: a

text: particular

text: trade

text: or

text: craft

text: and

text: employers

text: in

text: the

text: same

text: industry

text: It

text: is

text: to

text: be

text: noted

text: however

text: that

text: the

text: inclusion

text: in

text: the

text: definitions

text: of

text: such

text: disputes

text: and

text: the

text: persons

text: interested

text: in

text: them

text: serves

text: to

text: emphasize

text: the

text: fact

text: that

text: the

text: quoted

text: portions

text: were

text: intended

text: to

text: embrace

text: controversies

text: other

text: than

text: those

text: between

text: employers

text: and

text: employes

text: between

text: labor

text: unions

text: seeking

text: to

text: represent

text: employes

text: and

text: employers

text: and

text: between

text: persons

text: seeking

text: employment

text: and

text: employers

text: The

text: Act

text: does

text: not

text: concern

text: itself

text: with

text: the

text: background

text: or

text: the

text: motives

text: of

text: the

text: dispute

text: The

text: desire

text: for

text: fair

text: and

text: equitable

text: conditions

text: of

text: employment

text: on

text: the

text: part

text: of

text: persons

text: of

text: any

text: race

text: color

text: or

text: persuasion

text: and

text: the

text: removal

text: of

text: discriminations

text: against

text: them

text: by

text: reason

text: of

text: their

text: race

text: or

text: religious

text: beliefs

text: is

text: quite

text: as

text: important

text: to

text: those

text: concerned

text: as

text: fairness

text: and

text: equity

text: in

text: terms

text: and

text: conditions

text: of

text: employment

text: can

text: be

text: to

text: trade

text: or

text: craft

text: unions

text: or

text: any

text: form

text: of

text: labor

text: organization

text: or

text: association

text: Race

text: discrimination

text: by

text: an

text: employer

text: may

text: reasonably

text: be

text: deemed

text: more

text: unfair

text: and

text: less

text: excusable

text: than

text: discrimination

text: against

text: workers

text: on

text: the

text: ground

text: of

text: union

text: affiliation

text: There

text: is

text: no

text: justification

text: in

text: the

text: apparent

text: purposes

text: or

text: the

text: express

text: terms

text: of

text: the

text: Act

text: for

text: limiting

text: its

text: definition

text: of

text: labor

text: disputes

text: and

text: cases

text: arising

text: therefrom

text: by

text: excluding

text: those

text: which

text: arise

text: with

text: respect

text: to

text: discrimination

text: in

text: terms

text: and

text: conditions

text: of

text: employment

text: based

text: upon

text: differences

text: of

text: race

text: or

text: color

text: The

text: purpose

text: and

text: policy

text: of

text: the

text: Act

text: respecting

text: the

text: jurisdiction

text: of

text: the

text: federal

text: courts

text: is

text: set

text: forth

text: in

text: and

text: The

text: former

text: deprives

text: those

text: courts

text: of

text: jurisdiction

text: to

text: issue

text: an

text: injunction

text: against

text: inter

text: alia

text: giving

text: publicity

text: to

text: the

text: existence

text: of

text: or

text: the

text: facts

text: involved

text: in

text: any

text: labor

text: dispute

text: whether

text: by

text: advertising

text: speaking

text: patrolling

text: or

text: by

text: any

text: other

text: method

text: not

text: involving

text: fraud

text: or

text: violence

text: against

text: assembling

text: peaceably

text: to

text: act

text: or

text: to

text: organize

text: to

text: act

text: in

text: promotion

text: of

text: interests

text: in

text: a

text: labor

text: dispute

text: against

text: advising

text: or

text: notifying

text: any

text: person

text: of

text: an

text: intention

text: to

text: do

text: any

text: of

text: the

text: acts

text: specified

text: against

text: agreeing

text: with

text: other

text: persons

text: to

text: do

text: any

text: of

text: the

text: acts

text: specified

text: Section

text: deprives

text: the

text: courts

text: of

text: jurisdiction

text: to

text: issue

text: an

text: injunction

text: in

text: any

text: case

text: involving

text: or

text: growing

text: out

text: of

text: a

text: labor

text: dispute

text: except

text: after

text: hearing

text: sworn

text: testimony

text: in

text: open

text: court

text: in

text: support

text: of

text: the

text: allegations

text: of

text: the

text: complaint

text: and

text: upon

text: findings

text: of

text: fact

text: to

text: the

text: effect

text: a

text: that

text: unlawful

text: acts

text: have

text: been

text: threatened

text: and

text: will

text: be

text: committed

text: unless

text: restrained

text: or

text: have

text: been

text: committed

text: and

text: will

text: be

text: continued

text: unless

text: restrained

text: and

text: then

text: only

text: against

text: the

text: person

text: or

text: persons

text: association

text: or

text: organization

text: making

text: the

text: threat

text: or

text: permitting

text: the

text: unlawful

text: act

text: or

text: authorizing

text: or

text: ratifying

text: it

text: b

text: that

text: substantial

text: and

text: irreparable

text: injury

text: to

text: complainant

text: s

text: property

text: will

text: follow

text: c

text: that

text: as

text: to

text: each

text: item

text: of

text: relief

text: granted

text: greater

text: injury

text: will

text: be

text: inflicted

text: upon

text: the

text: complainant

text: by

text: denial

text: of

text: the

text: relief

text: than

text: will

text: be

text: inflicted

text: on

text: the

text: defendant

text: by

text: granting

text: it

text: d

text: that

text: complainant

text: has

text: no

text: adequate

text: remedy

text: at

text: law

text: and

text: e

text: that

text: the

text: public

text: officers

text: charged

text: with

text: the

text: duty

text: to

text: protect

text: complainant

text: s

text: property

text: are

text: unable

text: or

text: unwilling

text: to

text: furnish

text: adequate

text: protection

text: The

text: legislative

text: history

text: of

text: the

text: Act

text: demonstrates

text: that

text: it

text: was

text: the

text: purpose

text: of

text: the

text: Congress

text: further

text: to

text: extend

text: the

text: prohibitions

text: of

text: the

text: Clayton

text: Act

text: respecting

text: the

text: exercise

text: of

text: jurisdiction

text: by

text: federal

text: courts

text: and

text: to

text: obviate

text: the

text: results

text: of

text: the

text: judicial

text: construction

text: of

text: that

text: Act

text: It

text: was

text: intended

text: that

text: peaceful

text: and

text: orderly

text: dissemination

text: of

text: information

text: by

text: those

text: defined

text: as

text: persons

text: interested

text: in

text: a

text: labor

text: dispute

text: concerning

text: terms

text: and

text: conditions

text: of

text: employment

text: in

text: an

text: industry

text: or

text: a

text: plant

text: or

text: a

text: place

text: of

text: business

text: should

text: be

text: lawful

text: that

text: short

text: of

text: fraud

text: breach

text: of

text: the

text: peace

text: violence

text: or

text: conduct

text: otherwise

text: unlawful

text: those

text: having

text: a

text: direct

text: or

text: indirect

text: interest

text: in

text: such

text: terms

text: and

text: conditions

text: of

text: employment

text: should

text: be

text: at

text: liberty

text: to

text: advertise

text: and

text: disseminate

text: facts

text: and

text: information

text: with

text: respect

text: to

text: terms

text: and

text: conditions

text: of

text: employment

text: and

text: peacefully

text: to

text: persuade

text: others

text: to

text: concur

text: in

text: their

text: views

text: respecting

text: an

text: employer

text: s

text: practices

text: The

text: District

text: Court

text: erred

text: in

text: not

text: complying

text: with

text: the

text: provisions

text: of

text: the

text: Act

text: The

text: decree

text: must

text: be

text: reversed

text: and

text: the

text: cause

text: remanded

text: to

text: the

text: District

text: Court

text: for

text: further

text: proceedings

text: in

text: conformity

text: with

text: this

text: opinion

text: Reversed

text: MR

text: JUSTICE

text: CARDOZO

text: took

text: no

text: part

text: in

text: the

text: consideration

text: or

text: decision

text: of

text: this

text: case

text: MR

text: JUSTICE

text: McREYNOLDS

text: dissenting

text: MR

text: JUSTICE

text: BUTLER

text: and

text: I

text: cannot

text: accept

text: the

text: view

text: that

text: a

text: labor

text: dispute

text: emerges

text: whenever

text: an

text: employer

text: fails

text: to

text: respond

text: to

text: a

text: communication

text: from

text: A

text: B

text: and

text: C

text: irrespective

text: of

text: their

text: race

text: character

text: reputation

text: fitness

text: previous

text: or

text: present

text: employment

text: suggesting

text: displeasure

text: because

text: of

text: his

text: choice

text: of

text: employes

text: and

text: their

text: expectation

text: that

text: in

text: the

text: future

text: he

text: will

text: not

text: fail

text: to

text: select

text: men

text: of

text: their

text: complexion

text: It

text: seems

text: unbelievable

text: that

text: in

text: all

text: such

text: circumstances

text: Congress

text: intended

text: to

text: inhibit

text: courts

text: from

text: extending

text: protection

text: long

text: guaranteed

text: by

text: law

text: and

text: thus

text: in

text: effect

text: encourage

text: mobbish

text: interference

text: with

text: the

text: individual

text: s

text: liberty

text: of

text: action

text: Under

text: the

text: tortured

text: meaning

text: now

text: attributed

text: to

text: the

text: words

text: labor

text: dispute

text: no

text: employer

text: merchant

text: manufacturer

text: builder

text: cobbler

text: housekeeper

text: or

text: what

text: not

text: who

text: prefers

text: helpers

text: of

text: one

text: color

text: or

text: class

text: can

text: find

text: adequate

text: safeguard

text: against

text: intolerable

text: violations

text: of

text: his

text: freedom

text: if

text: members

text: of

text: some

text: other

text: class

text: religion

text: race

text: or

text: color

text: demand

text: that

text: he

text: give

text: them

text: precedence

text: Design

text: thus

text: to

text: promote

text: strife

text: encourage

text: trespass

text: and

text: stimulate

text: intimidation

text: ought

text: not

text: to

text: be

text: admitted

text: where

text: as

text: here

text: not

text: plainly

text: avowed

text: The

text: ultimate

text: result

text: of

text: the

text: view

text: now

text: approved

text: to

text: the

text: very

text: people

text: whom

text: present

text: petitioners

text: claim

text: to

text: represent

text: it

text: may

text: be

text: is

text: prefigured

text: by

text: the

text: grievous

text: plight

text: of

text: minorities

text: in

text: lands

text: where

text: the

text: law

text: has

text: become

text: a

text: mere

text: political

text: instrument

text: NOTES

text: The

text: opinion

text: herein

text: is

text: reported

text: as

text: amended

text: by

text: Order

text: of

text: April

text: see

text: U

text: S

text: Act

text: of

text: March

text: c

text: Stat

text: U

text: S

text: C

text: Tit

text: App

text: D

text: C

text: F

text: d

text: Compare

text: Senn

text: v

text: Tile

text: Layers

text: Union

text: U

text: S

text: Lauf

text: v

text: Shinner

text: Co

text: U

text: S

text: U

text: S

text: C

text: Tit

text: U

text: S

text: C

text: Tit

text: Act

text: of

text: Oct

text: c

text: Stat

text: U

text: S

text: C

text: Tit

text: Duplex

text: Printing

text: Press

text: Co

text: v

text: Deering

text: U

text: S

text: American

text: Steel

text: Foundries

text: v

text: Tri

text: City

text: Central

text: Trades

text: Council

text: U

text: S

text: Compare

text: House

text: Report

text: No

text: nd

text: Cong

text: st

text: Sess

text: and

text: Senate

text: Report

text: st

text: Cong

text: nd

text: Sess

text: and

text: Senate

text: Report

text: nd

text: Cong

text: st

text: Sess

text: Compare

text: Senn

text: v

text: Tile

text: Layers

text: Union

text: U

text: S

text: Levering

text: Garrigues

text: Co

text: v

text: Morrin

text: F

text: d

text: Cinderella

text: Theatre

text: Co

text: v

text: Sign

text: Writers

text: Local

text: F

text: Supp

text: Miller

text: Furniture

text: Co

text: v

text: Furniture

text: Workers

text: Union

text: F

text: Supp

text: See

text: definition

text: of

text: Dispute

text: Webster

text: s

text: New

text: International

text: Dictionary

text: U

text: S

text: C

text: c

text: Senate

text: Report

text: No

text: nd

text: Congress

text: st

text: Session

text: pp

text: House

text: Report

text: No

text: nd

text: Congress

text: st

text: Session

text: pp