Legal Opinion · Dissent

Stryjewski v. Local Union No. 830

Supreme Court of Pennsylvania

Decided May 4, 1973No. Appeal, 396Published

1Dissent

Dissenting Opinion by

Mr. Justice Pomeroy:

On the assumption that some of the picketing by the appellant union was “constitutionally” protected, the *556Court today remands this case to the lower court for apportionment of the damages as between that caused by violent (and hence unlawful) picketing and that caused by peaceful picketing.1 This assumption is in my opinion unjustified and on the record unjustifiable. I dissent, therefore, because none of the picketing, whether peaceful or violent, was protected either by the federal constitution or by federal labor policy. The right of a self-employed…

2Cases cited39 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Thornhill v. AlabamaSupreme Court of the United States · 1940
  3. National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
  4. Heart of Atlanta Motel, Inc. v. United StatesSupreme Court of the United States · 1965
  5. Giboney v. Empire Storage & Ice Co.Supreme Court of the United States · 1949

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