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Continental Paper Co. v. United Paper Workers of America

Decided: October 5, 1949.

CONTINENTAL PAPER COMPANY, A NEW JERSEY CORPORATION, AND ALFORD CARTONS, INC., A NEW JERSEY CORPORATION, PLAINTIFFS,
v.
UNITED PAPER WORKERS OF AMERICA, C.I.O., ANTHONY ADAMO, UNITED PAPER WORKERS OF AMERICA, LOCAL 299, AND ERNEST W. FRITZ, DEFENDANTS



Grimshaw, J.s.c.

Grimshaw

In this action the plaintiffs seek to enjoin the excessive use of pickets and the commission of unlawful acts by the defendants in the prosecution of a strike now in progress against the plaintiff, Continental Paper Company. The matter is presently before me upon an application for an interlocutory injunction.

The plaintiff, Continental Paper Company, is involved in a labor dispute with its hourly employees who are members of Local 299, United Paper Workers of America, C.I.O. The plaintiff, Alford Cartons, a wholly owned subsidiary of Continental Paper Company, is not engaged in any dispute

with its employees, who are members of Local 344, International Brotherhood of Pulp, Sulphite and Paper Mill Workers, A.F. of L.

Both plaintiffs had labor agreements with their employees. The Alford contract is still in effect, its expiration date being November 20, 1949. The agreement between Continental and the defendant, Local 299, expired while negotiations looking toward a renewal of the contract were in progress. The strike was called suddenly on July 5, 1949.

The plants of both plaintiffs are located on a large tract of land in the Borough of Ridgefield Park, lying between the right of way of the Susquehanna Railroad and the Hackensack River. The only means of access to both plants is a street known as Industrial Avenue. In proceeding along Industrial Avenue, one first reaches the Alford Plant. Immediately following the strike call on July 5th, large numbers of pickets were massed on and about Industrial Avenue effectively closing off access to the plants of both plaintiffs. At first the Alford employees were admitted through the picket lines. But as the strike continued and tension mounted, Alford as well as Continental employees and officers were denied access to their respective plants. To gain entrance to the factories it was necessary for the supervisory employees and officials to group their cars and proceed together under police escort. The testimony is clear and convincing that by their mass picketing the defendants have prevented the non-striking employees and officers of the plaintiffs from having free access to the plants. Truckmen have been refused permission to deliver merchandise and salesmen have been denied entrance. Non-striking employees have been subjected to foul and obscene language; and threats against their persons and property have constantly been uttered. The defendants have made no effort to refute this testimony. They offered no testimony at the hearing.

On August 8, 1949, plaintiffs filed their amended complaint, seeking injunctive relief and damages. The parties appeared before the Superior Court in Hackensack on August 10, 1949, and, in open court, entered into a stipulation as follows:

"1. Defendants, their agents, servants, members and representatives will refrain from picketing or congregating or entering upon the lands or other property of the plaintiffs, or either of them, in any manner whatsoever.

"2. Defendants, their agents, servants, members and representatives agree to permit without any molestation, intimidation, threats, or other means, all supervisory personnel of both plaintiffs, to freely enter upon and leave the property of either or both plaintiffs, and to permit such supervisory personnel to freely enter and leave the plants of said plaintiffs, and furthermore agree to request such supervisory personnel to enter upon said property and enter and leave said plants freely and without molestation of any kind whatsoever.

"3. Defendants, their agents, servants, members and representatives agree that they will not picket in such manner or fashion so as to physically prevent, obstruct, or impede any person or persons from either entering or leaving the property and plants of either or both plaintiffs, whether by a human physical barrier or by any other barrier or means.

"The foregoing stipulation is entered into on the record in this action in open court, without prejudice on the part of the plaintiffs or either of them, in the event of a violation of any of the provisions herein by the defendants, their agents, servants, members and representatives, or any of them, to bring on for hearing on one day's notice to counsel for said ...


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