Master pleadings IV, 1985
Scope and Contents
This case concerns a contract negotiation between California School Employees Association (CSEA), as represented by its union, CSEA Local 44, and the Pittsburgh Unified School District in November of 1980, as well as actions taken by Pittsburgh Unified in to curtail the rights of CSEA members to picket and distribute leaflets about the labor dispute outside the offices of Pittsburgh Unified board members in March of 1981.
CSEA rallied support from its individual members after a stalled contract negotiation between CSEA and Pittsburgh Unified, which had lasted 12 negotiating sessions and then stalled. As is often the case in such situations, CSEA sought to publicize the labor dispute, mobilize its membership, and encourage attendance at District board of governors meetings. CSEA described its activity as a "Public Information Picket," and did not block entry to or exit from the board members' private business offices, which are located in a busy thoroughfare in the center of the city of Pittsburgh. On the third day of the picket, Pittsburgh Unified filed a complaint with the Contra Costa County Superior Court, seeking injunctive relief and damages in the amount of one million dollars. The district sought a temporary restraining order and the prohibition of picketing outside of board members' offices. Judge David A. Dolgin complied, but then, after a hearing, dissolved the temporary restraining order "on the sole ground that the school district itself is not a proper party to enforce the personal rights of individual Board members.” CSEA was advised to limit its activities to leafletting.
CSEA reportedly only hadn't out leaflets to people who expressed interest, and the names of relevant board members were printed on them. According to a CSEA member, the purpose was "[t]o draw attention from the public to the fact that these are Board members and [that] they can be contacted.” Another temporary restraining order was sought, and appellants filed a declaration of prejudice against previous judge Dolgin. He was replaced by Judge Richard Arneson, who refused to issue the restraining order.
CSEA and Pittsburgh unified reached an agreement prior to a negotiating session in April of 1981, wherein CSEA agreed to cease picketing and leafletting activities and the school District agreed not to seek preliminary injunction. However, in May of 1981, the preliminary injunction was granted by yet another judge (Cooney), and the appellants appealed this decision.
In response, the court wrote, “...the dissemination of information concerning the facts of a labor dispute must be regarded as within that area of free discussion that is guaranteed by the Constitution.” They also write: "Moreover, where, as here, the picketing or leafletting takes place in a public place, it is entitled to greater protection than might otherwise be true." Of the board memberes, they write: "Public office is no place for the thin-skinned" and decry the use of an injunction, writing that "the granting of temporary injunctions in labor disputes usually has the effect of determining and terminating the entire controversy." Furthurmore, they write, "the intensity of public concern regarding the costs and quality of public education" means that "speech or speech-related activities focusing upon this subject are entitled to a high level of protection under the free speech clause of the First Amendment." The judgement was reversed and the demand for declaratory relief and damages was denied.
Dates
- 1985
Access Restrictions
Some case files in this series are restricted.
Extent
From the Sub-Series: 42.5 linear feet (33 record storage cartons and 3 legal document boxes)
Language of Materials
English
Repository Details
Part of the California Historical Society Repository