Bakery Sales Drivers Local Union No. 33 et al. v. Wagshal, Trading As Wagshal's Delicatessen (333 U.S. 437)
U.S. Supreme Court · decided March 15, 1948 · Supreme Court Database (Spaeth)
- Citation
- 333 U.S. 437 · 68 S. Ct. 630
- Decided
- March 15, 1948
- Term
- October Term 1947
- Vote
- 5–3
- Majority author
- Justice Frankfurter
- Issue area
- Unions
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Frankfurter delivered the opinion of the Court. This is an action brought in a United States District Court to enjoin interference with a business, and the question is whether the complaint subjects that court to the limitations imposed by the Norris-LaGuardia Act upon its equity jurisdiction. This is the substance of the complaint. Respondent owns a delicatessen store which sells food and serves meals. She obtained bread for the delicatessen store from Hinkle's bakery. Deliveries were made by a driver, an employee of Hinkle and a member of Local Union No. 33, one of the petitioners. The driver delivered the bread at noon, which inconvenienced the respondent, since the checking of deliveries at that hour interfered with the serving of lunches. Respondent “required” the driver to bring the bread at another hour. Shortly thereafter, Hinkle informed the respondent that it would no longer furnish her with bakery products. And so, respondent made arrangements with another bakery, which delivered at a more convenient hour. Three weeks later, the petitioner Andre, president of the union, visited the delicatessen store and stated that the respondent owed the driver approximately $150 and requested immediate payment. Respondent replied that she had never had dealings with the driver, but had paid Hinkle directly by check, and would pay the bill in due course. Andre replied…
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