Sears, Roebuck & Co. v. San Diego County District Council of Carpenters
United States Supreme Court
436 U.S. 180 (1978)
- Written by Tammy Boggs, JD
Facts
A department store operated by Sears, Roebuck & Co. (Sears) (plaintiff) used carpenters that were not dispatched from a hiring hall operated by a carpenters’ trade union (the union) (defendant). The union initiated peaceful picketing on Sears’s property. Sears’s security manager asked the union to stop picketing on Sears’s property, but the union refused to leave unless forced by legal action. Thereafter, Sears filed an action in state court seeking an injunction against the union’s continuing trespass on Sears’s property. The court entered a temporary restraining order and, following a hearing, a preliminary injunction. The court of appeal affirmed, but the California Supreme Court reversed, finding that the union’s picketing was arguably protected by one provision of the National Labor Relations Act, arguably prohibited by another provision of the act, and preempted by federal law. The matter came before the United States Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Stevens, J.)
Concurrence (Powell, J.)
Concurrence (Blackmun, J.)
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