Section 49 Violence

• Library: Employer-Employee Law 2008

Plainly, the state may enjoin violence in the course of labor disputes. Youngdahl v. Rainfair, Inc., 355 U.S. 131 (1957); State ex rel. Allai v. Thatch, 234 S.W.2d 1 (Mo. banc 1950). Acting under its police power, the state may enjoin violence to the person and property of the employer as well as violence relating to customers, employees, and delivery people. Indeed, in certain situations in which violence has become so enmeshed with picketing that an injunction limited to acts of violence per se would not be effective, an injunction barring all picketing may issue. Milk Wagon Drivers Union of Chicago, Local 753 v. Meadowmoor Dairies, Inc., 312 U.S. 287 (1941); Angle v. Owsley, 332 S.W.2d 457 (Mo. App. W.D. 1959). Of course, injunctive relief will not lie for isolated or de minimis acts of misconduct. Mo. Cafeteria, Inc. v. McVey, 242 S.W.2d 549 (Mo. banc 1951).

In addition to violence per se, state courts may enjoin activity associated with picketing that tends to provoke violence or that tends to provoke...