Opinion

Shively v. Garage Employees Local Union No. 44

  • 6 Wash. 2d 560
  • 108 P.2d 354
Court
Washington Supreme Court
Filed
Dec 12, 1940
Status
Published
On the bench
Beals, Blake, Driver, Jeffers, Millard
Cited by
23 cases
Authority
More cited than 57.3%

"we are concerned with balancing appellants' right to carry on lawful businesses, free from unreasonable interference, and respondents' right to freedom of speech"

How later courts described this case

  • "we are concerned with balancing appellants' right to carry on lawful businesses, free from unreasonable interference, and respondents' right to freedom of speech"

Written by the judges who cited it.

The opinion

This court's frequent interpretation of Laws of 1933, Ex. Ses., chapter 7, p. 10, Rem. Rev. Stat. (Sup.), § 7612-1 [P.C. § 3467-21] et seq. , to the effect that peaceful picketing of the place of business of an employer, by a union which does not include in its membership any employee of such employer, for the purpose of coercing such employees to join a union, is unlawful, while contrary to the United States supreme court's view as to what constitutes a labor dispute under the provisions of the Norris-LaGuardia Act, has not been disapproved by subsequent sessions of our legislature. As it is for this state to determine, as observed in the majority opinion, under the exercise of its police powers, what conduct of its citizens shall be lawful or unlawful, it follows that, until the United States supreme court requires us to recede from the position we have taken (the case at bar affords that opportunity), we are bound by Safeway Stores v. Retail Clerks' Union , 184 Wn. 322 , 51 P.2d 372 , and subsequent opinions of this court to the same effect cited in the majority opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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