Appeal from the Circuit Court of Franklin County; the Hon.
CASWELL J. CREBS, Judge, presiding. Reversed and remanded with
Rehearing denied November 28, 1964.
The plaintiff, City of West Frankfort, filed a complaint in chancery in the Circuit Court of Franklin County against the defendant, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry, Local No. 551 and its business agent, Harold Crain, and four members of the Union, Louis Youchoff, Bob McCord, Raymond Good and Phil Koclanes. The complaint prayed for a temporary and permanent injunction to enjoin the defendants from picketing a certain project being carried on by the plaintiff within the City of West Frankfort, Illinois.
Following a hearing on the complaint January 29, 1964, the court entered its order: "That a Writ of Permanent Injunction be issued restraining the defendant from engaging in and picketing or establishing or continuing picket lines and pickets or displaying signs saying, in effect, that the City of West Frankfort is unfair to labor or from preventing or interfering with the free and lawful ingress and egress from any area, wherein the employees of said water utility and the City are maintaining, operating, or otherwise engaged in work which has been duly authorized by said plaintiff for the benefit of the citizens of the City." From this order defendants appeal.
At the time of the occurrence in question, the City of West Frankfort operated a water utility consisting of two lakes, a filtration plant, water tank and filtration system, which supplied water to the City of West Frankfort. The City maintained all water supply mains and repaired the valves and pipe connections.
The record reveals that prior to the inauguration of the present administration of the City of West Frankfort, in May 1963, the City had employed licensed, skilled, union plumbers to perform plumbing work in connection with maintenance of the water utility system. After the present administration assumed office in May 1963, the City began using its regular employees of the water and sewer utility system, none of whom belonged to the defendant local, but instead were members of the Hod Carriers Union and were not licensed plumbers or pipe fitters.
On December 2, 1963, defendant, Harold Crain, business agent for the defendant union, appeared before the City Council of the City of West Frankfort, and also spoke with the Mayor and with the City Clerk and Superintendent of the water utility system of the City of West Frankfort. He advised the plaintiff's city officials to use licensed union plumbers and if they did not that any work in the future would be picketed. The City administration refused this request.
On December 5, 1963, the plaintiff City was in the process of installing one thousand feet of six-inch cast iron water line at a cost of approximately $10,000. At the intersection of Sommers and Madison Streets, employees of the City were in the process of laying a water line in a ditch on the City street right-of-way, which particular line was being laid to service one of the Franklin County Housing Authorities areas and to service some residences which were at that time connected to a two-inch line which was in bad condition. This work was being done by four employees of the plaintiff City, none of whom were licensed plumbers or belonged to the defendant local, but instead were members of the Hod Carriers Union. On the morning of December 5, 1963, defendants, Louis Youchoff and Harold Crain and four members of the defendant local union went to the site of the water line construction in question and when the city employees arrived to work on the water line, the defendants began walking along the pipeline ditch carrying signs bearing the following legend: