"There is no difference in impact on the community between a strike by employees of a public utility and employees of a private utility; nor between employees of a municipal bus company and a privately owned bus company; nor between public school teachers and parochial school teachers".
How later courts described this case
- "There is no difference in impact on the community between a strike by employees of a public utility and employees of a private utility; nor between employees of a municipal bus company and a privately owned bus company; nor between public school teachers and parochial school teachers".
Written by the judges who cited it.
The opinion
Dissenting.
DeBruler, J.
My overall view of this ease continues to be that the teachers here involved, like all citizens, have a constitutionally protected right to conduct themselves in any manner that they see fit, so long as they do not act in a manner which violates a reasonable and existing law. My research of the law of Indiana reveals that at the time these teachers peacefully demonstrated the firmness of their demands concerning terms of employment to the school board and community, by stopping work and picketing, there was no law in this State which prohibited such action.
Consequently, in my opinion, the trial court erred, when it judicially determined that a violation of law had occurred. I vote in favor of granting a rehearing in this case.
Jackson, J., concurs.
Note—Reported in 254 N. E. 2d 329 .