| TRUCK DRIVERS AND HELPERS | | | CASE NO. 3 |
| UNION, LOCAL NO. 784, | | | |
| AFFILIATED WITH THE | | | |
| AMERICAN FEDERATION OF | | | |
| LABOR, | | | |
| | | ||
| Plaintiff, | | | |
| | | ||
| v. | | | JOURNAL ENTRY |
| | | OF JUDGMENT | |
| YELLOW CAB COMPANY, OF | | | |
| GRAND ISLAND, NEBRASKA, | | | Defendant's Appeal to |
| INC., AND CITY CAB AND | | | Nebraska Supreme Court. |
| TRANSIT COMPANY, INC., | | | Docket No. 32690, |
| | | Dismissed | |
| CORPORATIONS. | | | on July 11, 1949. |
| | | ||
| Defendants. | | |
Before Tyler, Denney, Moyer
(Editor's Note: A petition was filed on March 17, 1949, alleging inter alia, that two employees of defendants were discharged because of union organizing, that certain other employees were locked-out and refused employment because of membership in or affiliation with the union, and that defendants refused to bargain collectively with plaintiff; and praying for injunctive relief as well as an order to resolve the industrial dispute. Defendants filed an answer on March 25, 1949, alleging: that the two employees were discharged for cause and that all others voluntarily quit; that no industrial dispute existed; that Chapter 48, Article 8 was unconstitutional under Article III, § 18 of the Nebraska Constitution (unlawful delegation of legislative powers): that injunctive relief, if granted, would be an unlawful deprivation of property under Article 1, § 3 of the Nebraska Constitution and Article V, United States Constitution: and alleging that defendants were not public utilities under the Act, but "common carriers" under the jurisdiction of the State Railway Commission, Article IV § 20. Nebraska Constitution and § 75-222 of Revised Statutes of Nebraska. Trial was held on March 19, 1949. On March 28, 1949, plaintiff filed a reply generally denying defendant's allegations. The Court's judgment entered on March 31, 1949, is published below.)
Now on this 31st day of March, 1949, Court having reconvened in its court room in the Capitol Building, at Lincoln, Nebraska, and having had this cause under advisement since the submission thereof on March 28, 1949, under consideration of the objections to the jurisdiction of this Court and the motions to dismiss heretofore made by the defendants, and being fully advised in the premises, finds that the objections to the jurisdiction of this Court, as so made by the defendants, and each of them, should be, and hereby are overruled. To which ruling the defendants except.
Said cause then came on for determination and judgment on the merits, upon consideration whereof, and being duly and fully advised in the premises, the Court finds generally:
1. That this Court has jurisdiction of the parties and the subject matter of this cause: that the defendants have by stipulation which is a part of the record in this cause waived the issuance and service of summons, and have agreed to a trial of this case on the merits commencing March 25, 1949. That trial of said cause has been had and concluded pursuant to the stipulation of the parties.
2. The Court further finds that the plaintiff is entitled to bring this action as provided for in Section 48-811, Rev. St. Supp. 1947.
3. The Court further finds that the defendants are corporations, organized and existing under the laws of the State of Nebraska, and at all times mentioned in the pleadings the business operated by them has been a public utility as defined in Section 48-801 (4) Rev. St. Supp. 1947.
4. That at the commencement of this action there existed an industrial dispute within the meaning of the Statute between the defendant companies and each of them and certain of the employees of said defendant companies as to the tenure of their employment by the defendants; and that the evidence fails to disclose that any other industrial dispute exists between the parties. That the plaintiff has power and authority under existing law to represent said employees in said dispute and to bring and maintain this action for and in their behalf.
Upon consideration of the evidence the Court makes the following findings of fact:
1. That on and prior to March 13, 1949, the following named persons were the employees of the defendant companies, or one of them, and are the persons in whose behalf this action is brought and maintained by the plaintiff, viz: Gale Forest Klawonn, Raymond F. Larson, Raymond Bruner, Eugene Thomas Maw, Walter H. Rouse, Doris M. Despins, Leon T. Dubas, Orvell P. Johnson, James A. Carmichael, Thomas H. Lahners, Michael C. John, Walter Treon, John P. Zamzow, James Hunst McLellan, Morton Harris, Walter O. Steffan, Charles M. Peterson, Bonita E. Downing, Wilbert Blanco, Kenneth I. Hickman and Harvey A. Johnson.
2. That on the 13th day of March, 1949, Eugene Maw and Michael John, employees of the defendant companies, or one of them, were by the officers of said company discharged and their employment terminated for cause, and it is not shown by the record that the termination of said employment was occasioned by union activities by said persons, or either of them, as alleged in plaintiff's petition.
3. That on the said March 13, 1949, Gale Klawonn and Harvey Johnson, then being employees of the defendant companies, or one of them, and without authority or permission of said companies, or either of them, contrary to the terms of their employment, engaged in activities beyond the scope of their employment, and in so doing made use of the equipment belonging to and the property of their employers, and thereby deprived their employers of the use of said cabs and equipment, and of their services in the service of the public, and appropriated the said equipment to their own use and purpose, thereby depriving the public of the use thereof.
4. That on said 13th day of March, 1949, the following named persons, and each of them, were employed by the defendant companies or one of them as drivers of taxi cabs; that pursuant to the terms of employment of said persons, and each of them, their hours of service commenced at six p.m. on each working day, and ended at six a.m.: Morton Harris, Thomas Lahners, Raymond Larson, Wilbert Blanco, Kenneth Hickman, Charles Martin Peterson, and Orvell Johnson. That on the said 13th day of March, 1949, and after the hour of six p.m. on said date, said persons, and each of them, abandoned their employment without the consent, permission of or notice to their employers, and without the permission of said employers left and abandoned the premises and equipment of said employers, and did cause a work stoppage.
5. That on and prior to the 13th day of March, 1949, the following names persons, and each of them, viz: Raymond Bruner, Leon Dubas, James Carmichael, Walter Steffan and Walter Rouse, were employees of the defendant companies, or one of them, and pursuant to the terms of their employment were drivers of taxi cabs owned and operated by the defendants for a period of time commencing at six a.m., and ending at six p.m., on each working day. That on said March 13, 1949, said persons, and each of them, were denied further employment by the defendants, and have since been denied employment by said defendants without just cause or reason; that the acts of the defendants toward the persons hereinbefore named, and each of them, constituted a lock-out and hindered, delayed and suspended the continuity of the service of the defendants to the public.
6. That on the 13th day of March, 1949, one Doris M. Despins was an employee of both of the defendant companies. That on the 14th day of March, 1949, the said Doris M. Despins was denied employment by these defendants without just cause or reason. That the denial of employment as aforesaid constitutes an interruption and delay and suspension of the continuity of the service of the defendants to the public, and such acts by the defendants constituted a lock-out against the said Doris M. Despins.
7. That the following named persons were each in the employ of the defendants, or one of them, on March 13, 1949: James Hunst McLellan, Walter Treon and John P. Zamzow. That subsequent to said March 13, 1949, said persons and each of them refused to continue in their employment, although requested so to do by the defendant companies, or one of them. That said persons, and each of them, by their refusal to continue in the employment of the defendants, thereby voluntarily terminated the relationship of employee and employer, and in so doing interrupted the continuity and efficiency and service of the defendant companies to the public.
1. The Court concludes that the said Eugene Maw and Michael C. John are not entitled to be reinstated in their employment, as prayed for in plaintiff's petition, and are not entitled to any relief in this action.
2. That Morton Harris, Thomas Lahners, Raymond Larson, Wilbert Blanco, Kenneth Hickman, Charles Martin Peterson, Orvell Johnson, Gale Klawonn, Harvey Johnson, James Hunst McLellan, Walter Treon and John P. Zamzow are not entitled to be reinstated in their employment, as prayed for in said petition, and are not entitled to any relief in this action.
3. That employees Raymond Bruner, Walter Steffan, Leon Dubas, Walter Rouse, James Carmichael and Doris M. Despins are entitled to be reinstated in the employment in which they were engaged and employed on March 13, 1949, and that this Court should order their reinstatement in said employment.
4. That the plaintiff, and the employees represented by it, are not entitled at this time to an order or judgment directing the commencement of collective bargaining; and that on the basis of the evidence in this case the plaintiff and the employees represented by it are not at this time entitled to any order or judgment fixing wages of employees or in relation to the terms and conditions of their employment.
IT IS THEREFORE ORDERED, CONSIDERED AND ADJUDGED by the Court that Eugene Maw and Michael C. John, Morton Harris, Thomas Lahners, Raymond Larson, Wilbert Blanco, Kenneth Hickman, Charles Martin Peterson, Orvell Johnson, Gale Klawonn, Harvey Johnson, James Hunst McLellan, Walter Treon and John B. Zamzow, and each of them, be and hereby are denied reinstatement to employment by the defendants, or either of them. That the defendants, and each of them, be, and hereby are ordered to reinstate the following named persons in the employment in which they and each of them were engaged on March 13, 1949: Raymond Bruner, Walter Steffan, Leon Dubas, Walter Rouse, James Carmichael and Doris M. Despins.
IT IS FURTHER ORDERED, CONSIDERED AND ADJUDGED that all further relief prayed for in the plaintiff's petition be, and the same is hereby denied.
IT IS FURTHER ORDERED AND ADJUDGED that this judgment be enforced in the manner provide by law.
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