# Kinard Const. Co. v. Building Trades Council

> Supreme Court of Alabama · March 13, 1953 · 258 Ala. 500

URL: https://www.frixlaw.com/law-library/cases/9939083

## Case

- **Full name:** KINARD CONST. CO. v. BUILDING TRADES COUNCIL Et Al.
- **Court:** Supreme Court of Alabama
- **Decided:** March 13, 1953
- **Citations:** 258 Ala. 500; 64 So. 2d 400; 31 L.R.R.M. (BNA) 2640; 1953 Ala. LEXIS 112
- **Precedential status:** Published
- **Opinion:** Addendum by Lawson
- **Judges:** Lawson, Simpson
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9939083

## Opinion text

The court finds that the picketing was peaceful. The conclusion of the court is not based on a holding that the objective of the pickets was unlawful under state law or that the objective ran counter to the established public policy of the state. See Klibanoff (d/b/a The Bootery) v. Tri-Cities Retail Clerks' Union, Local No. 1678, ante, p. 479, 64 So.2d 393 .
Our conclusion is grounded on the finding that the picketing labor organizations have committed an unfair labor practice under the National Labor Relations Act, as amended, and on the holding that a court of equity of this state has jurisdiction to enjoin such practice. There is no question here of a common law right, as was involved in the case of Russell v. International Union, etc., post, p. 615, 64 So.2d 384 .
Our holding that courts of equity of this state have jurisdiction to enjoin such practice is based in the main on our case of Montgomery Building and Const. Trades Council v. Ledbetter Erection Co., 256 Ala. 678 , 57 So.2d 112 . The holding in the Ledbetter case, supra, seems to be in accord with the conclusion reached by some state courts and contrary to that reached by others.
The question is a close one and will continue to prove perplexing to state courts until it is finally decided by the Supreme Court of the United States. I see no occasion at this time to recede from the holding in the Ledbetter case.
SIMPSON, J., concurs in these views.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9939083. Public record. Not legal advice.