Loading...
HomeMy WebLinkAbout94-01782 (" ' JUN 16 19946Jv COUR'l' OF COHHON PLEAS CtJMBBRLAND COtJN'l'Y COHHONWBAL'l'B OF PENNSYLVANIA ROADWAY EXPRESS, INC., PLAIN'l'IFF, V. CHAUPFBRS, 'l'BAMS'l'BRS AND HELPBRS, LOCAL tlNION NO. 776 OF 'l'BB BRO'l'BBRBOOD OF 'l'BAMS'l'BRS AND 'l'BOMAS B. GRIFFI'l'B, PRESIDEN'l', JOHN AND JANE DOBS, INDIVIDUALLY, DBFENDAN'l'S. I I I DOCKE'l' NO. 94-1782 Bquity 'l'erm I I I I I I I I ORDER And now, this ~ day of June, 1994, all pleadings and orders in the above captioned case are withdrawn with prejudice, and the bond posted by Roadway Express, Inc. in the above- captioned case is ordered returned to the Plaintiff. By Order of the Court -1~' 11 J:L / J. H'-' 1'4*,"",(. JUN 17 /0 53 :111 '9~ >.. t)i .~'i ,;,f)'I~~,'~) Ct..:" '-! :~ ; .'.., (. L 01 j r lit. :-, ,', ~ :. 0, lj',~ .. I ., r ,. . ,. ~ APR 1 5 199, ORDBR OP COURT AND NOW, this day of ____ day of April, 1994, it is hereby Ordered and Decreed that a hearing on the Petition To Show Cause Why Defendants Should Not Be Held in Contempt of Court is set for the ____ day of April, 1994, at o'clock p.m., in Courtroom No.2, cumberland County, Pennsylvania. By the Court J. COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIFF, V. CHAUP'FERS, TEAMSTERS AND HELPERS, LOCAL UNION NO. 77 6 OF THE BROTHERHOOD OF TEAMSTERS AND THOMAS B. GRIFFITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEFENDANTS. I . . I DOCKET NO. 94-1782 Equity Ter.m . . . . . . . . I . . . . I AMENDED PETITION TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT OF COURT To The Honorable Judges of Said Court: Roadway Express, Inc., by and through its attorneys, Buchanan Ingersoll Professional Corporation, hereby petitions this Court to enter an Order on Defendants to show cause why they should not be held in contempt, and respectfully represents: 1. On Friday, April 8, 1994, after presentment of a Complaint, affidavits and the posting of security in the amount of Five Hundred Dollars ($500.00), this Court issued an Order in joining the named Defendants, and all other parties acting in concert with them. A true and correct copy of the said Consent Order is attached hereto, made a part hereof, and marked as Exhibit "A". 2. At the time the Consent Order was issued, counsel for the Chauffers, Teamsters and Helpers Local 776 Union ("Local 776"), Ronald Tomasko, Esquire of the firm Ira H. Weinstock, P.C., was present in the Courtroom and was made aware of the contents of said Consent Order. Said attorney accepted service for Local 776 and its members. True and correct copies of said Consent Order were served on the parties on April B, 1994. 3. Plaintiff has reproduced true and correct copies of said Consent Order, that have been served on the pickets at or near Plaintiff's facilities, but the pickets and persons acting in concert with them have refused and continue to refuse to obey the terms of the said Consent Order. 4. Since April 8, 1994, Plaintiff has continually demanded of Defendants and all persons and pickets acting in concert with them that the terms of said Consent Order be obeyed, 5. The Defendants and others acting in concert with them have violated and have shown their intent to continue to violate the Consent Order issued on April B, 1994, by the following actions: a. At or about 10:45 a,m. on April 9, 1994, the Defendants and others acting in concert with them caused and permitted approximately fifty-four (54) pickets to mass at and i i near the entrances to Plaintiff's facilities located at Roadway's Carlisle facility, Middlesex Township, CUmberland County, Pennsylvania, and walk across Roadway Drive; b. During the morning hours, from approximately 10:00 a.m. to 12:00 p.m" on April 9, 1994, pickets walked in a loop across Roadway Drive in express violation of the Consent Order; c. At or about 12:00 p.m. on April 9, 1994, approximately forty (40) pickets' cars parked in the emergency turnaround location in violation of the express language -2- (' contained in the Consent Order prohibiting parking within 100 feet of the area; d. At or about 12:30 p.m. on April 9, 1994, a Federal Bxpress vehicle stopped and pickets circlod that vehicle blocking it from entering the Roadway facility in express violation of the Consent Order; e. During the mid-afternoon of April 9, 1994, a picket, identified as Bob Weakland, began using a large mirror to harass security guards and management personnel; and, f. At or about 5:40 p.m. on April 9, 1994, a picket's car was parked in the emergency turnaround in express violation of Section 6 (a) of the Consent Order; g. At or about 7:59 p.m. on April 9, 1994, pickets shined spotlights in the eyes of security personnel for Roadway; h. At or about 9:30 p.m. on April 9, 1994, pickets numbers forty-one (41) on line and twelve (12) more in area; i. On April 10, 1994, Augie Tokis, a Roadway striker who is approximately 6'4", carried a waist-high stick on the picket line through most of the day; j. At or about 7:15 a.m. on April 11, 1994, a truck pulled into Roadway Drive with an ASF trailer. Two individuals stopped the trailer and talked to the pickets, The trailer did not proceed into the facility; k. At or about 7:30 a.m. on April 11, 1994, there were a total of sixty-three (63) pickets on Roadway Drive; 1. At or about 9:10 a,m. on April 11, 1994, fifty- nine (59) cars were parked on Roadway Drive; -3- _. -ifF,.' .. t~...",." :1 I ! , I. m. At or about 9:30 a.m. on April 11, 1994, a total of one hundred ten (110) ~icketers were on Roadway Drive; n. At or about 10:00 a.m. on April 11, 1994, Sheriff Tom Kline and Chief Sherman told Roadway representatives that they had received a report of C-4 explosives strapped to a diesel tank. Roadway maintains a one million gallon tank close to the area of the picketing. The report indicated that the explosives would explode at 11:00 a.m. Rupture of that tank would cause extreme damage and would cause the spill of a hazardous substance; o. At or about 10:00 a.m. on April 11, 1994, pickets formed a line and would not allow a Verbose truck to proceed normally toward Route 11. Pickets formed a line and walked very slowly in front of the tractor trailer. The activity of the pickets significantly slowed the progress of the tractor trailer between the Roadway Carlisle facility and Route 11; p. At or about 10:08 a.m. on April 11, 1994, a Leslie Faye truck driver backed his vehicle away without entering the facility after pickets crowded around his trailer, and a Union leader talked to the driver; q. At or about 12:00 p.m. on April 11, 1994, Chuck Shughart approached a Miller Trucking tractor trailer driven by Stephen Batalka, and talked to Batalka. Shughart required Batalka to open the back of the truck so that he could look in. Shughart also told him that he wished to examine the contents after the driver picked up his load; r. While the tractor trailer was proceeding toward Route 11, pickets hollered, "People will follow you wherever you -4- go when you get to Route 11" (or words to that effect). Pickets also chanted "scab," called the driver a low life and said they hoped he could sleep at night. Charles Shughart also screamed "It is going to be a long day, buddy, a long day;" s. On April 11, 1994, pickets massed and formed a line that blocked the exit of the same Miller Trucking tractor trailer. Pickets moved down Roadway Drive in front of the tractor trailer until it reached the area of Carlisle Trucking. As a result, it took approximately 45 to 50 minutes for the tractor trailer to proceed from the gate area to Route 11; t, Once the tractor trailer reached Route 11, Steve Hockenberry, a Union member and striker, followed the tractor trailer. He stopped and took video of the tractor trailer, which had been stopped by the police; u. During the afternoon of April 11, 1994 and other occasions, technical violations were also observed. Pickets were sometimes two deep. Pickets were not spaced 4.5 feet apart as they walked, as required by the Consent Order. Pickets were close enough to be holding hands. Pickets' cars were parked within 100 feet of the turnaround, Two pickets held and shined mirrors at security and management to impede videotaping of the unlawful interference with the Miller Trucking tractor trailer; v. At or about 3:11 p.m. on April 11, 1994, a truck was proceeding toward Route 11 until pickets blocked him. The driver, Ian Peters, tried to proceed throughout the gap in the line. Andy Reiley, a picket, blocked the truck and pushed on the truck and banged on the hood. Peters, a Roadway maintenance worker, then backed toward the gate area (the gate area is -5- .",",,,~, ...~'.''''''. closest to the Roadway buildings at the opposite end of Route 11 from Roadway Drive) at a slower speed, and traveled a distance of about 50 to 75 feet. Mr. Peters stopped because Mr. Reiley was saying that Mr. Peters had better not injure him in any way. At this point Mr. Reiley hollered for additional help. pickets threatened Peters by stating that the would bust his "fucking head open; II w. At or about 3:00 to 4:00 p.m. on April 11, 1994, two (2) customers individually reported to me as they entered the facility that they were intimidated by the requests to search their vehicles. One woman was from Ascot Enterprises. The second woman, who was accompanied by her infant child, was from Thomas Marie Toll, and was visibly upset and exhibited stuttered speech and kept looking around; x. On April 11, 1994, a picket had a stick without a picket sign; y. Throughout the day on April 11, 1994, pickets routinely asked drivers of incoming trucks or vans to honor their picket line, and interrogated drivers as to the type of commodity they were picking up; z. At or about 7:45 a.m. on April 12, 1994, Linda Young approached the picket line and pulled behind a little metal truck. She then heard the pickets yelling behind her, so she looked in her rearview mirror. She saw the men looking like they were going to walk in front of a little silver car (Wanda Garman). They were yelling at Ms. Garman loud enough that she heard them with her windows up and her radio on; -6- ae. At or about 3:40 p.m. on April 13, 1994, Bob McCoy stopped his truck to permit pickets to cross Roadway Drive. Pickets crowded around the truck and formed an inverted nun around the vehicle ending at the doors. A picket held his umbrella, so that the employer's video access to the right-hand side of the vehicle would be blocked. Mr. McCoy's right front -7- aa. At or about 7:45 a.m. on April 12, 1994, Local 776 had a gray van stopped in the lane of Wanda Garman. The car in front of her started to go around the van and Ms. Garman followed. They were travelling very slowly. That is when Local 776 started to shout at them. Some of the comments were "slow down," "you scabs," and then the one man gave them "the finger." Another man made moves like he was going to cross in front of Ms. Garman's car, at which time she had to apply the brake; ab. At or about 9:45 a.m. on April 12, 1994, pickets blocked a driver from Burlington Coat Factory from exiting the Roadway Carlisle facility. The vehicle was subsequently followed and harassed by the drivers of a brown pick-up truck and a green Chevy on a public highway. ac. At or about 12:30 p.m. on April 12, 1994, Bob Sidenberry, the driver of a Ryder truck, who was picking up goods for Lord and Taylor, was blocked by pickets for approximately fifty (50) minutes as he attempted to exit the Roadway facility. Pickets subsequently followed and harassed him on a public highway. ad. During the morning of April 13, 1994, ingress and/or egress of at least three (3) trucks was blocked by pickets. tire was slashed. One or more of the pickets commented, "Oh look, he has a flat tire," or words to that effect. af. During the afternoon of April 13, 1994, Melissa Stein, an employee of Roadway, was harassed while attempting to cross the picket line. ago Throughout the day on April 14, 1994, pickets allowed egress from the Roadway Carlisle facility only if drivers agreed to allow pickets to inspect the contents of the customer's trailers, coming in and going out; ah. During the afternoon of April 14, 1994, Sheron Shaffer, a Roadway customer, was harassed, including the banging of a sign on her car, by pickets as she attempted to enter the Roadway facility. ai. At or about 7:00 p.m. on April 14, 1994, a truck was blocked from exiting the facility. He carried no load. In spite of assistance from the Silver Springs police, pickets blocked the exit for more than thirty (30) minutes. A strike captain was present during the incident. aj. Incidents continue to occur on the date as the amended pleading is being filed. 6. Said activity has necessitated numerous trips to the facility by Middlesex Township police and the members of the Cumberland County Sheriff's office. 7. Said activities continue even as this Petition is filed. 8. Thomas Griffith, President, Charles Shughart, Business Agent and other business agents and/or strike captains of Teamsters Local 776, including Andy Reiley, have been present '8 ' during, or have participated in, certain of the incidents, which are described above, violating the Consent Order. 9. Defendants, in an attempt to resolve their violations of the Consent Order without need for additional court intervention, have been reporting the infractions of the Consent Order to either Charles Shughart, or counsel to Local 776. Violations continued. 10. The failure of the Defendants and others acting in concert with them to comply with the Consent Order issued on April 8, 1994, has damaged and interfered with the lawful operations with the limited lawful operation of the Plaintiff, and has cost the Plaintiff additional sums of money to have said Consent Order enforced and has caused and will continue to cause irreparable injury to the Plaintiff. 11. Defendants and others acting in concert with them have shown no intent to comply with said Consent Order. 12. The aforesaid actions and conduct of the Defendants and others acting in concert with them were willful, malicious and deliberate violations of the said Consent Order. Wherefore, Plaintiff prays: a. That the Defendants and others acting in concert with them be adjudged in civil contempt of the Consent Order issued on April B, 1994. b. That a fine of Twenty Thousand Dollars ($20,000.001, payable to the Commonwealth of Pennsylvania for the use of the Plaintiff be conditionally imposed upon the Defendants, Chauffers, Teamsters and Helpers, Local Union No. 776 of the Brotherhood of Teamsters and Thomas B. Griffith, -9- President, and John and Jane Does, Individually, all individually and as Trustees ad litem, with obligation to pay such fine to be absolute and immediate unless Defendants and those acting in concert with Defendants forthwith fully comply with the Consent Order issued on April 8, 1994, and that a further fine of Ten Thousand Dollars ($10,000.00), payable to the Commonwealth of Pennsylvania for the use of the Plaintiff be imposed for each and every day hereafter that the Defendants or those acting in concert with them continue to fail to comply with the Consent Order issued on April 8, 1994. c. That the Defendants place Twenty Thousand Dollars ($20,000.00) in escrow with the Sheriff of Cumberland County to cover the costs of the enforcement of the Consent Order issued on April 8, 1994. d. That all terms and conditions of the original Consent Order, unless modified herein, should be obeyed. e. That the Court affirm terms and conditions of the original Consent Order, including interference with the rights of the Plaintiff with regard to the following: 1. That pickets allow unrestricted access at any and all times by Plaintiff's employees, customers, vendors, visitors, attorneys and all other agents to Plaintiff's premises. 2. That pickets break their picket line and allow vehicles to enter and leave the facility. 3. That pickets may only park on one (1) side of Roadway Drive, set back two hundred (200) feet from the turnaround, and the number of cars shall be limited to five (5). -10- .'~. ( 4. That pickets for the ASF facility shall not be allowed to park on Roadway Drive at any location. 5. That no pickets shall be allowed at the emergency crash gate on the South Middlesex Road side of the Roadway facility. This entrance shall at all times be kept free and clear of all picket activity so that it remains available for unimpeded emergency use. 6. That pickets cease and desist from following any vehicle from the Roadway facility. 7. That pickets cease and desist from the demands that drivers open trailers and allow Union inspection. 8. That pickets be prohibited from picketing at the homes of any persons employed by Roadway. 9. That pickets cease and desist using mirrors, spotlights or any other activity to interfere with management videotaping, or interfere in any way with management's lawful activities. 10. That pickets shall not utilize radios for the purpose of coordinating harassment of any driver or any other person. 11. That pickets be prohibited from walking up or down Roadway Drive in front of vehicles, and instead be required to walk across Roadway Drive as intended by the Consent Order. f. That this Honorable Court further limit the number of pickets to no more than ten (10), based on the continuance of violations of the Consent Order. -11- .', g. That your Honorable Court grant such Consent Order and further relief as may be fitting and proper under the circumstances. h. That this Honorable Court retain jurisdiction of this matter until the labor dispute has ended. Respectfully submitted, ~Le'- C''-~. /7,,~~~zr pe ker MacNett, Esquire ohn . Johnson, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third St., Eighth Floor Harrisburg, PA 17101 Phone: (717) 237-4808 Counsel for Plaintiff, Roadway Express, Inc. Date: April 15, 1994 1l1KlO42:C:\WPSIISTRIKE\PEITnON.DOC\SMO -12- VERIPICATION POR AMENDED PETITION TO SHOW CAUSE WHY DEPENDANTS SHOULD NOT BE HELD IN CONTEMPT OP COURT I, Ron Matalavage, depose and say that I am the ~~~4/4V~ for Roadway Express, Inc., the Plaintiff in the foregoing matter, and am duly authorized to make this Affidavit on its behalf; that the averments of fact contained in the foregoing Complaint, so far as made of my own knowledge, are true and correct, and so far as they are based on information received from others, I am reliably informed and believe them to be true and correct. This Verification is made subject to the provisions of 18 Pa. C. S. Ann. ~3904, relating to unsworn falsification to authorities. QIL / ~ Ron Matalavage ~~i'!fr~r." ( /i I J fer L, ! :~}l)"f4-'1 Ii I /' 1 . ['.-..,' 01 / I ./ -' Monty ~fossle~ VERIFICATION FOR AMENDED PETITION TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT OF COURT I, Monty Crossley, depose and say that I am the ('I'A,..JA 1~\ for Roadway Express, Inc., the Plaintiff in the foregoing matter, and am duly authorized to make this Affidavit on its behalf; that the averments of fact contained in the foregoing Complaint, so far as made of my own knowledge, are true and correct, and so far as they are based on information received from others, I am reliably informed and believe them to be true and correct. This Verification is made subject to the provisions of 18 Pa. C. S. Ann. 53904, relating to unsworn falsification to authorities. (. :;ti1;;:;;,Y..jI'~:'''''-' COORT OP COMMON PLEAS CUMBERLAND COUN'l'Y COMMONWEAL'l'H OP PENNSYLVANIA ROADWAY EXPRESS, INC., PLAIH'l'IPP, V. CHAUPPERS, TEJ\MSTERS AND HELPERS, LOCAL ONION NO. 77 6 OP THE BROTHERHOOD OP TEJ\MSTERS AND 'l'HOMAS B. GRIPPI'l'H, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEPENDANTS. I I I DOCltET NO. 94-1782 Equity Term I I I I I I I I CERTIFICATE OF SBBYEl1 I hereby certify that a true and correct copies of the Motion for Enforcement Order, the Order Enforcing Consent Order, and the petition to Show Cause Why Defendants Should Not Be Held in Contempt of Court were served upon the following persons this 12th and 13th days of April, 1994: Court of Common Pleas cumberland County 1 Courthouse Square Carlisle, PA 17013 Thomas B. Griffith, President Chauffers, Teamsters and Helpers Local 776 2552 Jefferson Street Harrisburg, PA 17110 Jason Weinstock Ira H. Weinstock, P.C. Suite 100, 800 N. Second Street Harrisburg, PA 17102 Ira H. Weinstock, Esquire Suite 100, 800 N. Second Street Harrisburg, PA 17102 IlB0042:C:IWPS I IROADW A YICERT.DOCISMO Hand Delivery April 12, 1994 First Class Mail April 13, 1994 AND HAND DELIVERY Fax (April 12, 1994) Hand Delivery (April 13, 1994) Respectfully submitted,/? <Ju~. ?e~ ff . Susan M. Gibl~n, Secretary to Kathy Speaker MacNett, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third Street, Eighth Floor Harrisburg, PA 17101 (717) 237-4808 t 1- L , COURT OF COMMON PLEAS CUMBERLAND COON'l'Y COMMONWEALTH OP PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTI:PF, V. CBAUPFERS, TEAMSTERS AND HELPERS, LOCAL UNION NO. 776 OF THE BROTHERHOOD OF TEAMSTERS AND THOMAS B. GRIFPI:TH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEPENDANTS. I I I DOCKET NO. 94-1782 Equity Term I I I I I I I I CERTlEJCATE OF SI1Bnal I hereby certify that true and correct copies of the Amended Petition To Show Cause Why Defendants Should Not Be Held In Contempt Of Court and the Amended Motion For Enforcement Order were served upon the following persons this 15th day of April, 1994: Court of Common Pleas Cumberland County 1 Courthouse Square Carlisle, PA 17013 Thomas B. Griffith, President Chauffers, Teamsters and Helpers Local 776 2552 Jefferson Street Harrisburg, PA 17110 Ira H. Weinstock, Esquire Suite 100, 800 N. Second Street Harrisburg, PA 17102 HB0042:C:IWPSIIROADWA YICERT.DOC\SMO Hand Deli very First Class Mail Hand Delivery Respectful~_submitted, k~-.q:tE-P ' Susan M. Giblin, Secretary to Kathy Speaker MacNett, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third Street, Eighth Floor HarriSburg, PA 17101 (717) 237-4808 I " " " COURT OF COMMON PLEAS CtlMBERLAHD COUNTY COMMONWEALTH OF PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIFF, V. CBAUFFERS, TBAMS'l'BRS AND HELPERS, LOCAL UNION NO. 77 6 OF THE BRO'l'HBRHOOD OF 'l'BAMSTERS AND THOMAS B. GRIFFITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEFENDANTS. I I I DOCKET NO. 94-1782 Equity Term I I I I I I I I ORDER OF COURT AND NOW, this day of ____ day of April, 1994, it is hereby Ordered and Decreed that a hearing on the Contempt Citation is set for the day of April, 1994, at o'clock p.m., in Courtroom No.2, cumberland County, Pennsylvania. By the Court J. :ll; L , I lie ~ ~ 'f ~ .. t; diE Igil; ~ ~ .. ~ ~ ~ D f; ~ II . COURT OP COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OP PBNHSYLVANIA ROADWAY EXPRESS, INC., PLAINTIFF, V. CHAUFPERS, TBAMS'l'BRS AND HELPERS, LOCAL 'ONION NO. 776 OF THE BROTHERHOOD OF TEAMSTERS AND THOMAS B. GRIFFITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEFENDANTS. I I I DOCKET NO. 94-1782 Equity Term I I I I I I I I THIRD AMENDED PETITION TO SHOW CAUSE WHY DEPENDANTS SHOULD NOT BE HELD IN CONTEMPT OF COURT To The Honorable Judges of Said Court: Roadway Express, Inc., by and through its attorneys, Buchanan Ingersoll Professional Corporation, hereby petitions this Court to enter an Order on Defendants to show cause why they should not be held in contempt, and respectfully represents: 1. On Friday, April 8, 1994, after presentment of a Complaint, affidavits and the posting of security in the amount of Five Hundred Dollars ($500.00), this Court issued an Order in joining the named Defendants, and all other parties acting in concert with them. A true and correct copy of the said Consent Order is attached hereto, made a part hereof, and marked as Exhibit "A". 2. At the time the Consent Order was issued, counsel for the Chauffers, Teamsters and Helpers Local 776 Union ("Local 776"), Ronald Tomasko, Esquire of the firm Ira H. Weinstock, r"--. , ...._ P.C., was present in the Courtroo~ and was made aware of the contents of said Consent Order. Said attorney accepted service for Local 776 and its members. True and correct copies of said Consent Order were served on the parties on April S, 1994. 3. Plaintiff has reproduced true and correct copies of said Consent Order, that have been served on the pickets at or near Plaintiff's facilities, but the pickets and persons acting in concert with them have refused and continue to refuse to obey the terms of the said Consent Order. 4. Since April S, 1994, Plaintiff has continually demanded of Defendants and all persons and pickets acting in concert with them that the terms of said Consent Order be obeyed. 5. The Defendants and others acting in concert with them have violated and have shown their intent to continue to violate the Consent Order issued on April 8, 1994, by the following actions: a. At or about 10:45 a.m. on April 9, 1994, the Defendants and others acting in concert with them caused and permitted approximately fifty-four (54) pickets to mass at and near the entrances to Plaintiff's facilities located at Roadway's Carlisle facility, Middlesex Township, Cumberland County, Pennsylvania, and walk across Roadway Drive; b. During the morning hours, from approximately 10:00 a.m. to 12:00 p.m., on April 9, 1994, pickets walked in a loop across Roadway Drive in express violation of the Consent Order; c. At or about 12:00 p.m. on April 9, 1994, approximately forty (40) pickets' cars parked in the emergency turnaround location in violation of the express language -2- contained in the Consent Order prohibiting parking within 100 feet of the area; d. At or about 12:30 p.m. on April 9, 1994, a Federal Express vehicle stopped and pickets circled that vehicle blocking it from entering the Roadway facility in express violation of the Consent Order; e. During the mid-afternoon of April 9, 1994, a picket, identified as Bob Weakland, began using a large mirror to harass security guards and management personnel; and, f. At or about 5:40 p.m. on April 9, 1994, a picket's car was parked in the emergency turnaround in express violation of Section 6 (a) of the Consent Order; g. At or about 7:59 p.m. on April 9, 1994, pickets shined spotlights in the eyes of security personnel for Roadway; h. At or about 9:30 p.m. on April 9, 1994, pickets numbers forty-one (41) on line and twelve (12) more in area; i. On April 10, 1994, Augie TOkis, a Roadway striker who is approximately 6'4", carried a waist-high stick on the picket line through most of the day; j. At or about 7:15 a.m. on April 11, 1994, a truck pulled into Roadway Drive with an ASF trailer. Two individuals stopped the trailer and talked to the pickets. The trailer did not proceed into the facility; k. At or about 7:30 a.m. on April 11, 1994, there were a total of sixty-three (63) pickets on Roadway Drive; 1. At or about 9:10 a.m. on April 11, 1994, fifty- nine (59) cars were parked on Roadway Drive; , I I I , t i t m. At or about 9:30 a.m. on April 11, 1994, a total of one hundred ten (110) picketers were on Roadway Drive; n. At or about 10:00 a.m. on April 11, 1994, Sheriff Tom Kline and Chief Sherman told Roadway representatives that they had received a report of C-4 explosives strapped to a diesel tank. Roadway maintains a one million gallon tank close to the area of the picketing. The report indicated that the explosives would explode at 11:00 a.m. Rupture of that tank would cause extreme damage and would cause the spill of a hazardous substance; o. At or about 10:00 a.m. on April 11, 1994, pickets formed a line and would not allow a Verbose truck to proceed normally toward Route 11. Pickets formed a line and walked very slowly in front of the tractor trailer. The activity of the pickets significantly slowed the progress of the tractor trailer' between the Roadway Carlisle facility and Route 11; p. At or about 10:08 a.m. on April 11, 1994, a Leslie Faye truck driver backed his vehicle away without entering the facility after pickets crowded around his trailer, and a Union leader talked to the driver; q. At or about 12:00 p.m. on April 11, 1994, Chuck Shughart approached a Miller Trucking tractor trailer driven by Stephen Batalka, and talked to Batalka. Shughart required Batalka to open the back of the truck so that he could look in. Shughart also told him that he wished to examine the contents after the driver picked up his load; r. While the tractor trailer was proceeding toward Route 11, pickets hollered, "People will follow you wherever you -4- go when you get to Route 11" (or words to that effect). Pickets also chanted "scab," called the driver a low life and said they hoped he could sleep at night. Charles Shughart also screamed "It is going to be a long day, buddy, a long day;" s. On April 11, 1994, pickets massed and formed a line that blocked the exit of the same Miller Trucking tractor trailer. Pickets moved down Roadway Drive in front of the tractor trailer until it reached the area of Carlisle Trucking. As a result, it took approximately 45 to 50 minutes for the tractor trailer to proceed from the gate area to Route 11; t. Once the tractor trailer reached Route 11, Steve Hockenberry, a Union member and striker, followed the tractor trailer. He stopped and took video of the tractor trailer, which had been stopped by the police; u. During the afternoon of April 11, 1994 and other occasions, technical violations were also observed. Pickets were sometimes two deep. Pickets were not spaced 4.5 feet apart as they walked, as required by the Consent Order. Pickets were close enough to be holding hands. Pickets' cars were parked within 100 feet of the turnaround. Two pickets held and shined mirrors at security and management to impede videotaping of the unlawful interference with the Miller Trucking tractor trailer; v. At or about 3:11 p.m. on April 11, 1994, a truck was proceeding toward Route 11 until pickets blocked him. The driver, Ian Peters, tried to proceed throughout the gap in the line. Andy Reiley, a picket, blocked the truck and pushed on the truck and banged on the hood. Peters, a Roadway maintenance worker, then backed toward the gate area (the gate area is -5- " closest to the Roadway buildings at the opposite end of Route 11 from Roadway Drive) at a slower speed, and traveled a distance of about 50 to 75 feet. Mr. Peters stopped because Mr. Reiley was saying that Mr. Peters had better not injure him in any way. At this point Mr. Reiley hollered for additional help. Pickets threatened Peters by stating that the would bust his "fucking head open;" w. At or about 3:00 to 4:00 p.m. on April 11, 1994, two (2) customers individually reported to me as they entered the facility that they were intimidated by the requests to search their vehicles. One woman was from Ascot Enterprises. The second woman, who was accompanied by her infant child, was from Thomas Marie Toll, and was visibly upset and exhibited stuttered speech and kept looking around; x. On April 11, 1994, a picket had a stick without a picket sign; y. Throughout the day on April 11, 1994, pickets routinely asked drivers of incoming trucks or vans to honor their picket line, and interrogated drivers as to the type of commodity they were picking up; z. At or about 7:45 a.m. on April 12, 1994, Linda Young approached the picket line and pulled behind a little metal truck. She then heard the pickets yelling behind her, so she looked in her rearview mirror. She saw the men looking like they were going to walk in front of a little silver car (Wanda Garman). They were yelling at Ms. Garman loud enough that she heard them with her windows up and her radio on; -6- ,.Y U..' _ " aa. At or about 7:45 a.m. on April 12, 1994, Local 776 had a gray van stopped in the lane of Wanda Garman. The car in front of her started to go around the van and Ms. Garman followed. They were travelling very slowly. That is when Local 776 started to shout at them. Some of the comments were "slow down," "you scabs," and then the one man gave them "the finger." Another man made moves like he was going to cross in front of Ms. Garman's car, at which time she had to apply the brake; ab. At or about 9:45 a.m. on April 12, 1994, pickets blocked a driver from Burlington Coat Factory from exiting the Roadway Carlisle facility. The vehicle was subsequently followed and harassed by the drivers of a brown pick-up truck and a green Chevy on a public highway. ac. At or about 12:30 p.m. on April 12, 1994, John Sidenberry, the driver of a Ryder truck, who was picking up goods for Lord and Taylor, was blocked by pickets for approximately fifty (50) minutes as he attempted to exit the Roadway facility. Pickets subsequently followed and harassed him on a public highway. ad. During the morning of April 13, 1994, ingress and/or egress of at least three (3) trucks was blocked by pickets. ae. At or about 3:40 p.m. on April 13, 1994, Bob McCoy stopped his truck to permit pickets to cross Roadway Drive. Pickets crowded around the truck and formed an inverted "U" around the vehicle ending at the doors. A picket held his umbrella, so that the employer's video access to the right-hand side of the vehicle would be blocked. Mr. McCoy's right front -7- , (- ,-'.. ~' ". "-,- -~~..:" '0 .' -8- " " tire was slashed. One or more of the pickets commented, .Oh look, he has a flat tire,. or words to that effect. af. During the afternoon of April 13, 1994, Melissa Stein, an employee of Roadway, was harassed while attempting to cross the picket line. ago Throughout the day on April 14, 1994, pickets allowed egress from the Roadway Carlisle facility only if drivers agreed to allow pickets to inspect the contents of the customer's trailers, coming in and going out; ah. During the afternoon of April 14, 1994, Sheron Shaffer, a Roadway customer, was harassed, including the banging of a sign on her car, by pickets as she attempted to enter the Roadway facility. ai. At or about 7:00 p.m. on April 14, 1994, a truck was blocked from exiting the facility. He carried no load. In spite of assistance from the Silver Springs police, pickets blocked the exit for more than thirty (30) minutes. A strike captain was present during the incident. aj. At or about 11:00 a.m. on April 15, 1994, pickets blocked ingress of a Black Freightliner truck with a Conrail trailer as it entered the Roadway facility. The truck eventually entered the facility. When the truck attempted to exit the facility, pickets inspected the driver's paperwork. Pickets told the driver that he was doing their work. Pickets told him they would follow him for the rest of the day and protest. Pickets blocked his exit from the facility until approximately 2:00 p.m. One or more picket(s) in a pickup truck followed the Black Freightliner truck from Roadway Drive to a location close to the 1--...'..,. '.-,.,.......... , , Conrail yard on Industrial Road in Harrisburg. Another car approached and the occupants of that car threw rocks or other material at a front tire of the truck. ak. At or about 7:00 p.m. on April 16, 1994, pickets interfered with the right of a third party, Robert Diehl, who owns property along Roadway Drive, to enter and/or exit the area of the emergency turnaround. Mr. Diehl has threatened legal action if pickets do not vacate the road surface and allow free access on Roadway Drive in the vicinity of his property. He fears that a sale of his property will be hindered, jeopardized or defeated by the picketing and interference with ingress/egress on Roadway Drive in the vicinity of his property. al. At or about 11:25 a.m. on April 18, 1994, a truck picking up a delivery for Rite Aid was blocked by pickets as it attempted to exit Roadway Drive. The pickets slowly proceeded toward Route 11. The pickets blocked the exit of the truck until approximately 11:40 a.m. The driver refused to allow pickets to inspect his truck, based on the nature of the cargo. am. At or about 12:30 p.m. on April 18, 1994, a Biddle Company truck was blocked as it attempted to exit Roadway Drive by pickets. The pickets slowly proceeded toward Route 11. The pickets blocked the truck until approximately 12:39 p.m. Charles Shughart was on the strike line and yelled, "Like this mother fucker," or words to that effect, at management representatives and security guards. an. At or about 1:45 p.m. on April 18, 1994, pickets flashed mirrors at management representatives and Pinkerton security in an attempt to harass. -9- . , ao. At or about 2:25 p.m. on April 18, 1994, pickets blocked a Visible System truck from exiting Roadway Drive. ap. At or about 3:25 p.m. on April 18, 1994, a picket, Greg Gates, stepped in front of a truck to make it appear that he had been struck and injured by the truck. Brian Stambaugh, a strike captain, was present on the picket line at the time. aq. At or about 3:42 p.m. on April 1B, 1994, a New Deal truck was blocked by pickets as it attempted to exit Roadway Drive. The pickets proceeded slowly toward Route 11. The pickets blocked the truck until approximately 3:55 p.m. ar. At or about 12:53 p.m. on April 19, 1994, a truck from Harrisburg Electrical Supply, who was picking up freight for "Indeeco," approached the picket line and talked to Mark Page. The driver refused to allow pickets to search or look in his unit. Pickets told him it would take him 45 minutes to get out. as. At or about 1:08 p.m. on April 19, 1994, the truck from Harrisburg Electrical Supply tried to exit. The driver would not allow the pickets to look in his vehicle. The picket line then moved in front of the truck and blocked his exit for almost thirty (30) minutes. at. On or about April 19, 1994, a Roadway unit at the Pennsylvania Distribution Center for AMP Incorporated off Route 114 in Mechanicsburg was damaged. au. At or about 10:00 a.m. on April 20, 1994, ingress of four (4) vehicles picking up shipments for the New Cumberland Army Depot were delayed for two hours and forty-nine minutes as -10- r:"-' "....~ " , , they attempted to enter the facility. Charles Shughart, Business Agent for Local 776, and Andy Reiley, Strike Captain, were on the line during the incident. The trucks eventually left without entering the facility. avo At or about 11:30 a.m. on April 20, 1994, Roadway Drive was totally blocked by: (1) a vehicle (hot dog van) operated by the Union; (2) a vehicle operated by Charles Shughart; and (3) trucks for the New Cumberland Army Depot. aw. At or about 11:30 a.m. on April 20, 1994, a picket attempted to block videotaping of the blockage of New Cumberland Army Depot trucks by using a blue and white umbrella. ax. At various times throughout the day on April 20, 1994, one picketer, Kenny Burrows, flashed mirrors at Roadway management and security personnel in an effort to harass and interfere with videotaping. ay. During the morning of April 21, 1994, pickets were stopping tractor trailer trucks attempting to enter Roadway's facility, prior to the time the trucks reached the picket line, effectively forming two or more picket line locations. az. On April 21, 1994, pickets began videotaping the contents of tractor trailer trucks attempting to enter or to exit the facility, and videotaping the drivers themselves, either in their cabs or as they proceeded to the rear of the trailers to allow inspection. Such videotaping is unnecessary and intimidating. -11- f~- "--:-'. ~.~k' bb. At or about 10:00 a.m. on April 22, 1994, with Charles Shughart on the picket line, pickets delayed entry of vehicle picking up cargo for the New Cumberland Army Depot. The pickets also delayed egress of the same vehicles on the same day. bc. At or about 2:14 p.m. on April 22, 1994, pickets interfered with the egress of vehicles picking up a shipment for Caldor as it exited the facility. Pickets had blocked ingress of the same vehicles earlier that day. bd. At or about 4:30 p.m. on April 22, 1994, pickets interfered with the exit of employees from the facility. be. At numerous times, including April 20, 22 and 25, 1994, pickets continued to utilize mirrors to harass and impede videotaping by management representatives and security guards. bf. At or about 6:30 a.m. to 7:00 a.m. on April 25, 1994, pickets flashed mirrors at Roadway employees as they attemptea to drive into the facility, for purposes of harassment. bg. On numerous occasions including, but not limited to, April 22 and 25, 1994, pickets violated the technical requirements of the Consent Order regarding spacing, use of one picket line, location and other provisions regarding harassment of employees. bh. Incidents continue to occur on the date as the third amended pleading is being filed. 6. Said activity has necessitated numerous trips to the facility by Middlesex Township police and the members of the Cumberland County Sheriff's office. -12- 7. Said activities continue even as this Petition is filed. 8. Thomas Griffith, President, Charles Shughart, Business Agent and other business agents and/or strike captains of Teamsters Local 776, including Andy Reiley and John Richwine, have been present during, or have participated in, certain of the incidents, which are described above, violating the Consent Order. 9. Defendants, in an attempt to resolve their violations of the Consent Order without need for additional court intervention, have been reporting the infractions of the Consent Order to either Charles Shughart, or counsel to Local 776. Violations continued, even after this Court issued a Contempt Citation on April 15, 1994. 10. The failure of the Defendants and others acting in concert with them to comply with the Consent Order issued on April 8, 1994, has damaged and interfered with the lawful operations with the limited lawful operation of the Plaintiff, and has cost the Plaintiff additional sums of money to have said Consent Order enforced and has caused and will continue to cause irreparable injury to the Plaintiff. 11. Defendants and others acting in concert with them have shown no intent to comply with said Consent Order or eliminate unlawful activity referenced in the Contempt Citation. -13- /'''.' -"~.., , ,C,." 12. The aforesaid actions and conduct of the Defendants and others acting in concert with them were willful, malicious and deliberate violations of the said Consent Order. Wherefore, Plaintiff prays: a. That the Defendants and others acting in concert with them be adjudged in civil contempt of the Consent Order issued on April 8, 1994, and the Contempt Citation issued April 15, 1994. b. That a fine of Twenty Thousand Dollars ($20,000.00), payable to the Commonwealth of Pennsylvania for the use of the Plaintiff be conditionally imposed upon the Defendants, Chauffers, Teamsters and Helpers, Local Union No. 776 of the Brotherhood of Teamsters and Thomas B. Griffith, President, and John and Jane Does, Individually, all individually and as Trustees ad litem, with obligation to pay such fine to be absolute and immediate unless Defendants and those acting in concert with Defendants forthwith fully comply with the Consent Order issued on April 8, 1994, and that a further fine of Ten Thousand Dollars ($10,000.00), payable to the Commonwealth of Pennsylvania for the use of the Plaintiff be imposed for each and every day hereafter that the Defendants or those acting in concert with them continue to fail to comply with the Consent Order issued on April 8, 1994. c. That the Defendants place Twenty Thousand Dollars ($20,000.00) in escrow with the Sheriff of CUmberland County to -14- cover the costs of the enforcement of the Consent Order issued on April B, 1994. d. That all terms and conditions of the original Consent Order, unless modified herein, should be obeyed. e. That the Court affirm the intent as well as the terms and conditions of the original Consent Order, including interference with the rights of the Plaintiff with regard to the following: 1. That pickets allow unrestricted access at any and all times by Plaintiff's employees, customers, vendors, visitors, attorneys and all other agents to Plaintiff's premises, and that pickets allow unrestricted access of third parties to property along Roadway Drive. 2. That pickets break their picket line and allow vehicles to enter and leave the facility; or, in the alternative, that pickets not be allowed on the road surface of Roadway Drive. 3. That pickets may only park on one (1) side of Roadway Drive, set back two hundred (200) feet from the turnaround, and the number of cars shall be limited to five (5). 4. That pickets for the ABF facility shall not be allowed to park on Roadway Drive at any location. 5. That no pickets shall be allowed at the emergency crash gate on the South Middlesex Road side of the Roadway facility. This entrance shall at all times be kept free and clear of all picket activity so that it remains available for unimpeded emergency use. -15- , 1 ~ r'l I' , t" 6. That pickets cease and desist from following any vehicle from the Roadway facility. 7. That pickets cease and desist from the demands that drivers open trucks or trailers and allow Union inspection. 8. That pickets be prohibited from picketing at the homes of any persons employed by Roadway. 9. That pickets cease and desist using mirrors, spotlights, headlights or any other activity to interfere with employees, management or security, or to interfere in any way with management's lawful activities, including videotaping, and that mirrors be banned from the picket line. 10. That pickets shall not utilize radios for the purpose of coordinating harassment of any driver or any other person, and that pickets cease videotaping the contents of trucks and trailers and drivers of vehicles crossing the picket line. 11. That pickets be prohibited from walking up or down Roadway Drive in front of vehicles, and instead be required to walk across Roadway Drive as intended by the Consent Order. Further, pickets shall part within one (1) minute of the approach of any vehicle to allow full and unhampered ingress/egress. f. That this Honorable Court further limit the number of pickets to no more than ten (10l, based on the continuance of violations of the Consent Order. g. That this Honorable Court authorize the Sheriff and/or local police to enforce strictly the provisions of this Order. ~ ~ 1 -16- i h. That your Honorable Court grant such Consent Order and further relief as may be fitting and proper under the circumstances. i. That this Honorable Court retain jurisdiction of this matter until the labor dispute has ended. Respectfully submitted, ~~(;:~1f( John R. Johnson, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third St., Eighth Floor Harrisburg, PA 17101 Phone: (717) 237-4808 Counsel for Plaintiff, Roadway Express, Inc. Date: April 25, 1994 HB0042:C:IWPS\IROADWAYIAMNDENJ.MTNISMO -17- COURT OF COMMON PLEAS COMIlERLAHD COOH'l'Y COMMONWEALTH OF PBHHSYLVAHIA ROADWAY EXPRESS, INC., PLAINTIFF, V. CHAUPFERS, TBAMSTERS AND HELPERS, LOCAL WION NO. 77 6 OF TBB BROTBBRBOOD OF TBAMSTBRS AND THOMAS B. GRIFFITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEFENDANTS. I I I DOCKET NO. 94-1782 Equity Te~ I I I : I I I I C,E{tTlFlCATB QF SERYJa1 I hereby certify that true and correct copies of the Third Amended petition To Show Cause Why Defendants Should Not Be Held In Contempt Of Court and the Third Amended Motion For Enforcement Order were served upon the following persons this 25th day of April, 1994: Court of Common Pleas Cumberland County 1 Courthouse Square Carlisle, PA 17013 Thomas B. Griffith, President Chauffers, Teamsters and Helpers Local 776 2552 Jefferson Street Harrisburg, PA 17110 Ira H. Weinstock, Esquire Suite 100, 800 N. Second Street Harrisburg, PA 17102 Hand Delivery First Class Mail Hand Delivery Respectfully submitted, s~?{~~retary to Kathy Speaker MacNett, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third Street, Eighth Floor Harrisburg, PA 17101 (717) 237-4808 HB0042:C:IWPS\IROADWA YICERT.DOCISMO .-. '.'. " ",;:, ;,1' J !. ~ ,.; VERIFICATION FOR THIRD AMENDED PETITION TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT OF COURT I, Ron Matalavage, depose and say that I am the District Manager, District 2, for Roadway Express, Inc., the Plaintiff in the foregoing matter, and am duly authorized to make this Affidavit on its behalf; that the averments of fact contained in the foregoing Petition, so far as made of my own knowledge, are true and correct, and so far as they are based on information received from others, I am reliably informed and believe them to be true and correct. This Verification is made subject to the provisions of 18 Pa. C.S. 63904, relating to unsworn falsification to authorities. ~~ ~:C.-~ 25 Ron Matalavage , VERIFICATION FOR THIRD AMENDED PETITION TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT OF COURT I, Monty Crossley, depose and say that I am the Terminal Manager for Roadway Express, Inc., the Plaintiff in the foregoing matter, and am duly authorized to make this Affidavit on its behalf; that the averments of fact contained in the foregoing Petition, so far as made of my own knowledge, are true and correct, and so far as they are based on information received from others, I am reliably informed and believe ~hem to be true and correct. This Verification is made subject to the provisions of 18 Pa. C.S. 63904, relating to unsworn falsification to authorities. Monty ~ COURT OP CO!OlON PLEAS COMIlERLAHD COOH'l'Y COMMONWEALTH OP PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIPF, V. CHAUPPERS, TBAMSTERS AND HELPERS, LOCAL UNION NO. 776 OP TBB BROTBBRBOOD OP TBAMSTERS AND THOMAS B. GRIPPITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DBPENDANTS. : I I DOCKET NO. 94-1782 Equity Te~ : I I : I : I I ORDER OP COURT AND NOW, this 2~ day of April, 1994, it is hereby Ordered and Decreed that a hearing on the Motion for Enforcement Order, as amended, is set for the z~. day of April, 1994, at ~:~~ a.m./p.m. in Courtroom No. ~, Cumberland County, Pennsylvania. By the Court: ~ -:1h' .4 ~ / ;' J. I ~ .. ~ .." , .".' - . \ z ~ :l ~ i ~ ~ lu' ~ [ IH!!I~ h..ll~ ~ :> ii! i!i ~ ~ · f ~ ~ II :~;H'" ,..", COURT OP CO!OlON PLEAS COMIlBRLAHD COOH'l'Y CO!OlONWBALTH OP PENNSYLVANIA ROADWAY BXPRESS, INC., PLAINTIFP, V. CHAUPPBRS, 'l'B.I\MSTBRS AND HELPBRS, LOCAL UNION NO. 776 OP TBB BROTHERHOOD OF TBAMSTBRS AND THOMAS B. GRIPPITH, PRESIDENT, JOHN AND JANE DOBS, INDIVIDUALLY, DBFENDANTS. I I I DOCKET NO. 94-1782 Bquity Te~ I I I I I I I I THIRD AMENDBD MOTION POR BHPORCEMBN'l' ORDBR TO THE HONORABLE JUDGES OF SAID COURT: Roadway Express, Inc., by and through its attorneys, Buchanan Ingersoll Professional Corporation, hereby moves this Court to enter an Order enforcing the Order of Court of April 8, 1994, upon the following grounds: 1. On Friday, April 8, 1994, after presentment of a Complaint, affidavits and the posting of security in the amount of Five Hundred Dollars ($500.00), this Court issued a Consent Order against the named Defendants and all other parties acting in concert with them and set April 25, 1994, at 2:00 p.m. as the date and time for a hearing on the enforcement of the Consent Order. A true and correct copy of the said Consent Order is attached hereto, made a part hereof, and marked as Exhibit "A". 2. At the time the Consent Order was issued, counsel for Chauffers, Teamsters and Helpers Local 776 Union ("Local 776"), . [..-".~-""." .~.- ...... .,. ("1"~.~ . and Ronald Tomasko, Esquire of the firm Ira H. Weinstock, P.C., was present in the Courtroom and was made aware of the contents of the said Consent Order. True and correct copies of the said Consent Order were served on Defendant Chauffers, Teamsters and Helpers, Local Union No. 776 of the Brotherhood of Teamsters and Thomas B. Griffith, President, Individually, and John and Jane Does, Individually, all individually and as Trustees ad litem on April 8, 1994. Service was accepted by counsel to Local 776. 3. Plaintiff has reproduced true and correct copies of said Consent Order that have been served on the pickets at or near Plaintiff's facilities, but the persons and pickets acting in concert with them have refused and continue to refuse to obey the terms of the said Consent Order. 4. Since April 8, 1994, Plaintiff has continually demanded of Defendants and all persons and pickets acting in concert with them that the terms of said Consent Order be obeyed. 5. The Defendants and others acting in concert with them have violated and have shown their intent to continue to violate the Consent Order issued on April 8, 1994, by the following actions: a. At or about 10:45 a.m. on April 9, 1994, the Defendants and others acting in concert with them caused and permitted approximately fifty-four (54) pickets to mass at and near the entrances to Plaintiff's facilities located at Roadway's Carlisle facility, Middlesex Township, Cumberland County, Pennsylvania, and walk across Roadway Drive; -2- m,.....~:~'N'!-'L!-; '.L.~~-+-,_ r~..", ", ,::-:~,"-~ '.',' .) ? b. During the morning hours, from approximately 10:00 a.m. to 12:00 p.m., on April 9, 1994, pickets walked in a loop across Roadway Drive in express violation of the Consent Order; c. At or about 12:00 p.m. on April 9, 1994, approximately forty (40) pickets' cars parked in the emergency turnaround location in violation of the express language contained in the Consent Order prohibiting parking within 100 feet of the area; d. At or about 12:30 p.m. on April 9, 1994, a Federal Express vehicle stopped and pickets circled that vehicle blocking it from entering the Roadway facility in express violation of the Consent Order; e. During the mid-afternoon of April 9, 1994, a picket, identified as Bob Weakland, began using a large mirror to harass security guards and management personnel; and, - f. At or about 5:40 p.m. on April 9, 1994, a picket's car was parked in the emergency turnaround in express violation of Section 6 (a) of the Consent Order; g. At or about 7:59 p.m. on April 9, 1994, pickets shined spotlights in the eyes of security personnel for Roadway; h. At or about 9:30 p.m. on April 9, 1994, pickets numbers forty-one (41) on line and twelve (12) more in area; i. On April 10, 1994, Augie Tokis, a Roadway striker who is approximately 6'4", carried a waist-high stick on the picket line through most of the day; j. At or about 7:15 a.m. on April 11, 1994, a truck pulled into Roadway Drive with an ASF trailer. Two individuals -3- stopped the trailer and talked to the pickets. The trailer did not proceed into the facility; k. At or about 7:30 a.m. on April 11, 1994, there were a total of sixty-three (63) pickets on Roadway Drive; l. At or about 9:10 a.m. on April 11, 1994, fifty- nine (59) cars were parked on Roadway Drive; m. At or about 9:30 a.m. on April 11, 1994, a total of one hundred ten (110) picketers were on Roadway Drive; n. At or about 10:00 a.m. on April 11, 1994, Sheriff Tom Kline and Chief Sherman told Roadway representatives that they had received a report of C-4 explosives strapped to a diesel tank. Roadway maintains a one million gallon tank close to the area of the picketing. The report indicated that the explosives would explode at 11:00 a.m. Rupture of that tank would cause extreme damage and would cause the spill of a hazardous substance; o. At or about 10:00 a.m. on April 11, 1994, pickets formed a line and would not allow a Verbose truck to proceed normally toward Route 11. Pickets formed a line and walked very slowly in front of the tractor trailer. The activity of the pickets significantly slowed the progress of the tractor trailer between the Roadway Carlisle facility and Route 11; p. At or about 10:08 a.m. on April 11, 1994, a Leslie Faye truck driver backed his vehicle away without entering the facility after pickets crowded around his trailer, and a Union leader talked to the driver; q. At or about 12:00 p.m. on April 11, 1994, Chuck Shughart approached a Miller Trucking tractor trailer driven by -4- --- _-";~n;t "'..', Stephen Batalka, and talked to Batalka. Shughart required Batalka to open the back of the truck so that he could look in. Shughart also told him that he wished to examine the contents after the driver picked up his load; r. While the tractor trailer was proceeding toward Route 11, pickets hollered, "People will follow you wherever you go when you get to Route 11" (or words to that effect). Pickets also chanted "scab," called the driver a low life and said they hoped he could sleep at night. Charles Shughart also screamed "It is 'going to be a long day, buddy, a long day;" s. On April 11, 1994, pickets massed and formed a line that blocked the exit of the same Miller Trucking tractor trailer. Pickets moved down Roadway Drive in front of the tractor trailer until it reached the area of Carlisle Trucking. As a result, it took approximately 45 to 50 minutes for the tractor trailer to proceed from the gate area to Route 11; t. Once the tractor trailer reached Route 11, Steve Hockenberry, a Union member and striker, followed the tractor trailer. He stopped and took video of the tractor trailer, which had been stopped by the police; u. During the afternoon of April 11, 1994 and other occasions, technical violations were also observed. Pickets were sometimes two deep. Pickets were not spaced 4.5 feet apart as they walked, as required by the Consent Order. Pickets were close enough to be holding hands. Pickets' cars were parked within 100 feet of the turnaround. Two pickets held and shined mirrors at security and management to impede videotaping of the unlawful interference with the Miller Trucking tractor trailer; -5- v. At or about 3:11 p.m. on April 11, 1994, a truck was proceeding toward Route 11 until pickets blocked him. The driver, Ian Peters, tried to proceed throughout the gap in the line. Andy Reiley, a picket, blocked the truck and pushed on the truck and banged on the hood. Peters, a Roadway maintenance worker, then backed toward the gate area (the gate area is closest to the Roadway buildings at the opposite end of Route 11 from Roadway Drivel at a slower speed, and traveled a distance of about 50 to 75 feet. Mr. Peters stopped because Mr. Reiley was saying that Mr. Peters had better not injure him in any way. At this point Mr. Reiley hollered for additional help. Pickets threatened Peters by stating that the would bust his "fucking head open;" w. At or about 3:00 to 4:00 p.m. on April 11, 1994, two (2) customers individually reported to me as they entered the facility that they were intimidated by the requests to search their vehicles. One woman was from Ascot Enterprises. The second woman, who was accompanied by her infant child, was from Thomas Marie Toll, and was visibly upset and exhibited stuttered speech and kept looking around; x. On April 11, 1994, a picket had a stick without a picket sign; y. Throughout the day on April 11, 1994, pickets routinely asked drivers of incoming trucks or vans to honor their picket line, and interrogated drivers as to the type of commodity they were picking up; z. At or about 7:45 a.m. on April 12, 1994, Linda Young approached the picket line and pulled behind a little metal -6- ~., i": , {~ l' 3 truck. She then heard the pickets yelling behind her, so she looked in her rearview mirror. She saw the men looking like they were going to walk in front of a little silver car (Wanda Garman). They were yelling at Ms. Garman loud enough that she heard them with her windows up and her radio on; aa. At or about 7:45 a.m. on April 12, 1994, Local 776 had a gray van stopped in the lane of Wanda Garman. The car in front of her started to go around the van and Ms. Garman followed. They were travelling very slowly. That is when Local 776 started to shout at them. Some of the comments were "slow down," "you scabs," and then the one man gave them "the finger." Another man made moves like he was going to cross in front of Ms. Garman's car, at which time she had to apply the brake; and, ab. At or about 9:45 a.m. on April 12, 1994, pickets blocked a driver from Burlington Coat Factory from exiting the Roadway Carlisle facility. The vehicle was subsequently followed and harassed by the drivers of a brown pick-up truck and a green Chevy on a public highway. ac. At or about 12:30 p.m. on April 12, 1994, John Sidenberry, the driver of a Ryder truck, who was picking up goods for Lord and Taylor, was blocked by pickets for approximately fifty (50) minutes as he attempted to exit the Roadway facility. Pickets subsequently followed and harassed him on a public highway. ad. During the morning of April 13, 1994, ingress and/or egress of at least three (3) trucks was blocked by pickets. -7- f:,~~.:i7::<~~ ' ae. At or about 3:40 p.m. on April 13, 1994, Bob McCoy stopped his truck to permit pickets to cross Roadway Drive. Pickets crowded around the truck and formed an inverted "U" i d '1 ~ around the vehicle ending at the doors. A picket held his umbrella, so that the employer's video access to the right-hand side of the vehicle would be blocked. Mr. McCoy's right front tire was slashed. One or more of the pickets commented, "Oh look, he has a flat tire," or words to that effect. af. During the afternoon of April 13, 1994, Melissa Stein, an employee of Roadway, was harassed while attempting to cross the picket line. ago Throughout the day on April 14, 1994, pickets allowed egress from the Roadway Carlisle facility only if drivers agreed to allow pickets to inspect the contents of the customer's trailers, coming in and going out; ah. During the afternoon of April 14, 1994, Sheron Shaffer, a Roadway customer, was harassed, including the banging of a sign on her car, by pickets as she attempted to enter the Roadway facility. ai. At or about 7:00 p.m. on April 14, 1994, a truck was blocked from exiting the facility. He carried no load. In spite of assistance from the Silver Springs police, pickets blocked the exit for more than thirty (30) minutes. A strike captain was present during the incident. aj. At or about 11:00 a.m. on April 15, 1994, pickets blocked ingress of a Black Freightliner truck with a Conrail trailer as it entered the Roadway facility. The truck eventually entered the facility. When the truck attempted to exit the -8- t ..." ;:,~",'~"'" facility, pickets inspected the driver's paperwork. Pickets told the driver that he was doing their work. Pickets told him they would follow him for the rest of the day and protest. Pickets blocked his exit from the facility until approximately 2:00 p.m. One or more picket(s) in a pickup truck followed the Black Freightliner truck from Roadway Drive to a location close to the Conrail yard on Industrial Road in Harrisburg. Another car approached and the occupants of that car threw rocks or other material at a front tire of the truck. ak. At or about 7:00 p.m. on April 16, 1994, pickets interfered with the right of a third party, Robert Diehl, who owns property along Roadway Drive, to enter and/or exit the area of the emergency turnaround. Mr. Diehl has threatened legal action if pickets do not vacate the road surface and allow free access on Roadway Drive in the vicinity of his property. He fears that a sale of his property will be hindered, jeopardized or defeated by the picketing and interference with ingress/egress on Roadway Drive in the vicinity of his property. al. At or about 11:25 a.m. on April 18, 1994, a truck picking up a delivery for Rite Aid was blocked by pickets as it attempted to exit Roadway Drive. The pickets slowly proceeded toward Route 11. The pickets blocked the exit of the truck until approximately 11:40 a.m. The driver refused to allow pickets to inspect his truck, based on the nature of the cargo. am. At or about l2:30 p.m. on April 18, 1994, a Biddle Company truck was blocked as it attempted to exit Roadway Drive by pickets. The pickets slowly proceeded toward Route 11. The pickets blocked the truck until approximately 12:39 p.m. Charles -9- Shughart was on the strike line and yelled, "Like this mother fucker," or words to that effect, at management representatives and security guards. an. At or about 1:45 p.m. on April 18, 1994, pickets flashed mirrors at management representatives and Pinkerton security in an attempt to harass. ao. At or about 2:25 p.m. on April 18, 1994, pickets blocked a Visible System truck from exiting Roadway Drive. ap. At or about 3:25 p.m. on April 18, 1994, a picket, Greg Gates, stepped in front of a truck to make it appear that he had been struck and injured by the truck. Brian Stambaugh, a strike captain, was present on the picket line at the time. aq. At or about 3:42 p.m. on April 18, 1994, a New Deal truck was blocked by pickets as it attempted to exit Roadway Drive. The pickets proceeded slowly toward Route 11. The pickets blocked the truck until approximately 3: 55 p.-m. ar. At or about 12:53 p.m. on April 19, 1994, a truck from Harrisburg Electrical Supply, who was picking up freight for "Indeeco," approached the picket line and talked to Mark Page. The driver refused to allow pickets to search or look in his unit. Pickets told him it would take him 45 minutes to get out. as. At or about 1:08 p.m. on April 19, 1994, the truck from Harrisburg Electrical Supply tried to exit. The driver would not allow the pickets to look in his vehicle. The picket line then moved in front of the truck and blocked his exit for almost thirty (30l minutes. -10- '~~'-,'!':""h:"~ :. ~~.,.;-_-_",-..~t,-:r)A.'t J\.F ~;;:'_;'('~' ~.. :~<;,_:.':': . ,. } ';..t' :1 ~ ~ ., ~. at. On or about April 19, 1994, a Roadway unit at the Pennsylvania Distribution Center for AMP Incorporated off Route 114 in Mechanicsburg was damaged. au. At or about 10:00 a.m. on April 20, 1994, ingress of four (4) vehicles picking up shipments for the New Cumberland Army Depot were delayed for two hours and forty-nine minutes as they attempted to enter the facility. Charles Shughart, Business Agent for Local 776, and Andy Reiley, Strike Captain, were on the line during the incident. The trucks eventually left without entering the facility. avo At or about 11:30 a.m. on April 20, 1994, Roadway Drive was totally blocked by: (1) a vehicle (hot dog van) operated by the Union; (2) a vehicle operated by Charles Shughart; and (3) trucks for the New Cumberland Army Depot. aw. At or about 11:30 a.m. on April 20, 1994, a picket attempted to block videotaping of the blockage of New Cumberland Army Depot trucks by using a blue and white umbrella. ax. At various times throughout the day on April 20, 1994, one picketer, Kenny Burrows, flashed mirrors at Roadway management and security personnel in an effort to harass and interfere with videotaping. ay. During the morning of April 21, 1994, pickets were stopping tractor trailer trucks attempting to enter Roadway's facility, prior to the time the trucks reached the picket line, effectively forming two or more picket line locations. -11- r;.~'--~~!'vc.<~~' i,~t;.~~!;:...'.'-~'f :~}::c,-?'t~i ~i; az. On April 21, 1994, pickets began videotaping the contents of tractor trailer trucks attempting to enter or to exit the facility, and videotaping the drivers themselves, either in their cabs or as they proceeded to the rear of the trailers to allow inspection. Such videotaping is unnecessary and intimidating. bb. At or about 10:00 a.m. on April 22, 1994, with Charles Shughart on the picket line, pickets delayed entry of vehicle picking up cargo for the New Cumberland Army Depot. The pickets also delayed egress of the same vehicles on the same day. bc. At or about 2:14 p.m. on April 22, 1994, pickets interfered with the egress of vehicles picking up a shipment for Caldor as it exited the facility. Pickets had blocked ingress of the same vehicles earlier that day. bd. At or about 4:30 p.m. on April 22, 1994, pickets interfered with the exit of employees from the facility. be. At numerous times, including April 20, 22 and 25, 1994, pickets continued to utilize mirrors to harass and impede videotaping by management representatives and security guards. bf. At or about 6:30 a.m. to 7:00 a.m. on April 25, 1994, pickets flashed mirrors at Roadway employees as they attempted to drive into the facility, for purposes of harassment. bg. On numerous occasions including, but not limited to, April 22 and 25, 1994, pickets violated the technical requirements of the Consent Order regarding spacing, use of one -12- ; '~. "1"i~ ,. picket line, location and other provisions regarding harassment of employees. bh. Incidents continue to occur on the date as the third amended pleading is being filed. 6. Defendants and others acting in concert with them have shown no intent to comply with said Consent Order. Wherefore, Plaintiff moves this Court to enter an Order for enforcement of the Consent Order issued on April 8, 1994, and respectfully requests that all costs of enforcement be assessed against the Defendants. thy Spe ker MacNett, Esquire UCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third St., Eighth Floor Harrisburg, PA 17101 Phone: (717) 237-4808 Counsel for Plaintiff, Roadway Express, Inc. Date: April 25, 1994 HB0042:C:IWPSIIROADWAYIAMENDENJ.MTNISMO -13- r"'~'~'"_.- ."':' :?l:-':':" COURT OP CO!OlON PLEAS COMIlBRLAHD COOH'l'Y CO!OlONWEALTH OP PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIPP, V. CHAUPPBRS, TBAMSTBRS AND HELPBRS, LOCAL UNION NO. 776 OP TBB BROTHERHOOD OP TBAMSTBRS AND THOMAS B. GRIPPITH, PRESIDENT, JOHN AND JANE DOBS, INDIVIDUALLY, DBPENDANTS. I I I DOCKET NO. 94-1782 Bquity Te~ I I I I I I I I CERTIl!lCATB OF SERYJa1 I hereby certify that true and correct copies of the Third Amended petition To Show Cause Why Defendants Should Not Be Held In Contempt Of Court and the Third Amended Motion For Enforcement Order were served upon the following persons this 25th day of April, 1994: Court of Common Pleas Cumberland County 1 Courthouse Square Carlisle, PA 17013 Thomas B. Griffith, President Chauffers, Teamsters and Helpers Local 776 2552 Jefferson Street Harrisburg, PA 17110 Ira H. Weinstock, Esquire Suite 100, 800 N. Second Street Harrisburg, PA 17102 HB0042:C:IWPS I IROADW A YICERT.DOcISMO Hand Delivery First Class Mail Hand Delivery Respectfully submitted, S~~e~ry to Kathy Speaker MacNett, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third Street, Eighth Floor Harrisburg, PA 17101 (717) 237-4808 VERIFICATION I, Ron Matalavage, depose and say that I am the District Manager, District 2, for Roadway Express, Inc., the Plaintiff in the foregoing matter, and am duly authorized to make this Affidavit on its behalf; that the averments of fact contained in the foregoing Motion, so far as made of my own knowledge, are true and correct, and so far as they are based on information received from others, I am reliably informed and believe them to be true and correct. This Verification is made sUbject to the provisions of 18 Pa. C.S. 63904, relating to unsworn falsification to authorities. G~~ Ron Matalavage 'lII!!ll . VERIFICATION I, Monty Crossley, depose and say that I am the Terminal Manager for Roadway Express, Inc., the Plaintiff in the foregoing matter, and am duly authorized to make this Affidavit on its behalf; that the averments of fact contained in the foregoing Motion, so far as made of my own knowledge, are true and correct, and so far as they are based on information received from others, I am reliably informed and believe them to be true and correct. This Verification is made subject to the provisions of 18 Pa. C.S. 63904, relating to unsworn falsification to authorities. Monty ... ROADWAY EXPRESS, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . : CIVIL ACTION - EQUITY V. . . : CHAUFFERS, TEAMSTERS AND HELPERS, LOCAL UNION : NO. 776 OF THE BROTHERHOOD : OF TEAMSTERS AND THOMAS B. : GRIFFITH, PRESIDENT, JOHN : AND JANE DOES, INDIVIDUALLY,: Defendants NO. 94-1782 EQUITY TERM ORDER OF COURT AND NOW, this 8th day of April, 1994, this matter having been called this date on a petition by plaintiff, Roadway Express, Inc., seeking a preliminary injunction ancillary to a complaint in equity, and the parties having reached an agreement to the entry of a consent order, it is ordered that: 1. The defendant and their officers, agents, employees and members, and those acting in concert with them, or having notice of the Court's order, temporarily until hearing, and perpetually thereafter are enjoined from: a. seizing, obstructing, or interfering in any way by force or displays of force, by numbers, by threats, by acts of intimidation or violence, or by any eonduct that deprives any such employee or other person of the free and complete access, egress, or ingress by anyone from any of the facilities of the plaintiff; b. directly impeding, obstructing, hampering, or interfering with the business or the operations of the plaintiff; c. directly interfering with the deliveries, unloading, and dispatch of supplies, materials, and equipment to and from plaintiff's facilities; i>~""'''''. iji:<.'.:;lf'';' : .-"-...!........".,.."."'! i{_..,_~~~":';,\"-:;..'.c; .... d. inducing or attempting to induce by any threats of force or violence any customers, vendors, subcontractors or employees of the plaintiff to not enter any of the plaintiff's facilities; e. interfering with, hindering or annoying any employees, agents, or representatives of the plaintiff who may desire to enter or leave any of the facilities of the plaintiff for any purpose, by force or displays of force, by numbers, by threats, by acts of intimidation or violence, or by any conduct that deprives any such employee or other person of the free enjoyment of his legal rights or access to and from the plaintiff's facilities; f. having, causing, or permitting more than 40 pickets at any time to be at or remain near any entrance or exit of any facility of the plaintiff. Such pickets are limited to no more than one line and one location either along Roadway Drive, or the actual entrance to the plaintiff's property. Such pickets must remain off the property of the plaintiff, and in motion, and be spaced at least 4.5 feet apart in a single line, and conduct themselves in such a manner as not to block the use of the entrance~ or exitp of the plaintiff's property a~ designated by the plaintiff for ingress or egress of any person or vehicle desiring to enter or leave the same; g. no picket parking will be permitted within 100 feet from the entrance to Roadway marked by a painted line; h. unlawfully trespassing or loitering in the plaintiff's parking lot(s) or garage(s) or the vicinity thereof, in furtherance of picketing and using the said parking lot(s) and/or garage(s) for the purpose of intimidating any employee, customer, vendor, representative, or agent of Roadway or any (. "<", .... other individual who may wish to enter any facility of the plaintiff. 2. The plaintiff post a bond in the amount of $500.00 as security in this matter. 3. The Court will retain jurisdiction of this complaint to determine that the decree of the Court is obeyed, and 4. The Court will grant such including money damages, as the Court shall/deem , 1~he Cou Edgar Kathryn Speaker MacNett, Esquire For plaintiff Ronald Tomasko, Esquire For De~endants :prs Q; .... "'"' '" [ . .~";,~-";~j",,"- .....;~~: is!; - >->- ..:... "'(~ Wb~':)~ (,)z..,:= '::Q(,.)...-:. h...:':Q> ':.t- :r:;,:! '~":)~~I '.'J- .:e _1 i.;r~ -. iJJn~l'l j'. ..: .~'. a.. ,- - '-' ~~; '-" :.::: C- rri C'? CXl i I l . ~ 1 , , i. i COURT OP CO!OlON PLBAS cmmBRLAHD COUNTY CO!OlONWBALTH OP PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIPP, V. CHAUPPBRS, TBAMSTBRS AND HELPBRS, LOCAL UNION NO. 776 OP THE BROTHERHOOD OP TBAMSTBRS AND THOMAS B. GRIPPITH, PRESIDENT, JOHN AND JANE DOBS, INDIVIDUALLY, DBPENDANTS. I I I I I I I I I I I DOCKET NO. qLf- /782 E1t1ity Te.rm ORDER AND NOW, this 8th day of April, 1994, the Plaintiff having presented its Complaint, seeking a Preliminary Injunction against the Defendants, and it appearing to the Court from the accompanying affidavit presented therewith and other matters presented to the Court, that immediate and irreparable loss and damage is resulting and will continue to result to the Plaintiff and members of the general public before the matter can be heard on the merits if this Preliminary Injunction is not issued, it is Ordered, Adjudged and Decreed that a Preliminary Injunction now issue, upon security being entered by the Plaintiff in the sum of Thousand Dollars ($__,000.00), strictly enjoining and restraining the above-captioned Defendants, as well as other parties acting in concert with them, or having notice hereof from: 1. seizing, obstructing, or interfering in any way by threats or otherwise with the free and complete access, egress or ingress by anyone to, in, and from any of the facilities of the Plaintiff; 2. directly or indirectly impeding, obstructing, hampering ~ or interfering with the business or operations of the Plaintiff; 3. directly or indirectly interfering with the deliveries, unloading and dispatch of supplies, materials, and equipment to and from the Plaintiff; 4. inducing or attempting to induce by any threats of force or violence any customers, subcontractors, employees, agents, contractors, subcontractors or representatives of the Plaintiff or other persons to not enter any of the facilities of the Plaintiff; 5. interfering with, hindering or annoying any employees, agents, contractors, subcontractors, or representatives of the Plaintiff or any persons who may desire to enter or leave any of the facilities of Plaintiff, for any purpose, by force or displays of force, by numbers, by threats, by acts of intimidation or violence or by any conduct that tends to deprive any such employee or other person of the free enjoyment of his legal rights or access to and from Plaintiff's facilities; 6. having, causing or permitting more than two (2) pickets at anyone time to be at or remain near any entrance or exit to any facility of the Plaintiff, such pickets to remain off the property of said Plaintiff, to be in motion, to be spaced in a single line at least ten (10) feet apart, and to conduct themselves in such a manner as not to block the use of the entrances or exits for ingress or egress of any person or vehicle desiring to enter or leave the same; 7. unlawfully trespassing or loitering in, on, or around the Plaintiff's parking lot(s) or garage(s) or the vicinity thereof, in furtherance of picketing and using the said parking 2 ~ - . lot(s) or garage(s) for the purpose of intimidating any employee, customer, agent, contractor, subcontractor, or representative of the Plaintiff who may wish to enter any facility of the Plaintiff. Copies of this Order, together with a copy of the Complaint filed in this suit, shall be served forthwith on the Defendants, and the Sheriff of Cumberland County and any duly-sworn law enforcement officer of this Commonwealth is hereby authorized and directed to enforce this Order without further Order of this Court. Specifically, no additional Writ or Order of Enforcement need be issued prior to enforcement hereof. The Sheriff may, however, assess such reasonable charges for such enforcement as are appropriate under law. A hearing date on the Plaintiff's request for a preliminary injunction is set for the day of , at o'clock a.m./p.m. in Courtroom No., , Pennsylvania. This Court retains jurisdiction of this Complaint in order to assure compliance by the Defendant and its officers, employees, and members, and those acting in concert with them. By the Court: J. H80042:C:\ WPS I \RPS\ORDER.DOCISMO 3 NOTICE TO DEFEND q '1- 17$).. 13'1 u i I-'{ Tt. rn-t You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Lawyer Referral Service Court Administrator Cumberland County Courthouse CarliSle, Pennsylvania 17013 Phone: (717) 240-6200 ., ';-i. c: :=>. "'" "" "' ,,'- " c:> t~~., t.O ~-~;';:: ~ :.r.....-.r:.(') :::-- ,;',: \ ~ P'I ::J;: :r -_.. . .,. -<"" - U:> ~ r- . COURT OP COMMON PLEAS COMIlBRLAHD COOH'l'Y COMMONWEALTH OP PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIPP, V. CHAUPPBRS, TBAMSTBRS AND HELPBRS, LOCAL UNION NO. 77 6 OP TBB BROTHERHOOD OP 'l'B.I\MSTBRS AND THOMAS B. GRIPPITH, PRESIDENT, JOHN AND JANE DOBS, INDIVIDUALLY, DBPENDANTS. I I I DOCKET NO. I I I I I I I I COMPLAINT To The Honorable, The Judges of Said Court: Roadway Express, Inc. (hereinafter "Roadway"), by and through its attorney, Buchanan Ingersoll Professional Corporation, complains of the Defendants and says: 1. The Plaintiff, Roadway, a corporation organized and operating pursuant to the laws of the Commonwealth of Pennsylvania, is registered to do business in the State of Delaware, is doing business in the Commonwealth of Pennsylvania, and has facilities in Middlesex Township, Cumberland County, Pennsylvania, located at 100 Roadway Drive, Carlisle, Pennsylvania 17013 ("Carlisle facility"). 2. Plaintiff, Roadway, is engaged in the business of trucking, warehousing and common carriage at its Carlisle facility. 3. The Defendant, Chauffers, Teamsters and Helpers, Local Union No. 776 of the Brotherhood of Teamsters (herein referred to as "Local 776") and Thomas B. Griffith, President, Local 776, is an unincorporated labor association having its principal office at 2552 Jefferson Street, in Harrisburg, Dauphin County, (,.. "'"'" Pennsylvania 17110-2519, and regularly conducts union business in the Commonwealth of Pennsylvania and the County of Cumberland and represents several hundred workers employed by Roadway at its Carlisle facility. 4. The Defendant, Thomas B. Griffith, President of Local Union No. 776, maintains a business address at 2552 Jefferson Street, Harrisburg, Pennsylvania 17110. 5. In addition to the aforesaid Defendants, there are engaged by and acting for and on behalf of and for the benefit and at the instance and direction of the said Defendants, certain and various other persons whom the Plaintiff is presently unable to identify by name, who have been and who are presently participating in the acts and in the course of conduct hereinafter complained in conjunction, concert and conspiracy with the aforesaid Defendants and as such are named and joined as "John and Jane Does." 6. In January, 1994, representatives of trucking companies, including Roadway, began to negotiate a new National Master Freight Agreement, a nationwide collective bargaining agreement. In addition, negotiations commenced for a Central Pennsylvania Supplement ("Supplement"), which would cover, among others, the several hundred employees employed by Roadway at its Carlisle facility. Since that time, representatives of Central Pennsylvania Negotiation Committee and Local 776 have met on numerous occasions for the purpose of negotiating the Supplement. These negotiations have been unsuccessful. 7. The National Master Freight Agreement expired at midnight on March 31, 1994. By agreement of the parties, an -2- t1J1iIAi~'-; ii ~ ~.oo!_" extension was in place from April 1, 1994 through AprilS, 1994. Commencing on or about April 6, 1994, at or about 12:01 a.m., the Defendant Union and various members, adherents or supporters of the above-named Defendant went on strike against Roadway and did commence picketing Carlisle facility at 100 Roadway Drive, Carlisle, Pennsylvania 17013. 8. On or about April 6, 1994, at or about 12:01 a.m., the Defendant Union and various members, adherents and supporters of the said Defendant did commence to picket in such a fashion that it was impossible for certain vehicles to enter or leave the Plaintiff's Carlisle facility. The Defendants have at all times maintained picketing as follows: a. The massing of up to 300 pickets; b. Sufficient number of pickets to prevent the ingress/egress of trucks; and, c. Blocking of portions of Roadway Drive by parking picketers' vehicles on both sides of the road so that access is restricted to one (1) lane. The one (1) lane restriction means that vehicles cannot pass one another on Roadway Drive. If two (2) tractor trailers use the road at the same time, one (1) of the two (2) tractor trailers must back up to allow the other to pass. Since Roadway Drive is an 'S'-shaped curve, the backing up of any tractor trailer is both difficult and dangerous. Additionally, the massing of pickets provided time and cover for a picket to damage the brake lines of a tractor -3- ,X:- trailer. Damage by this picket caused the brakes to freeze and the tractor trailer to further block ingress/egress to the Carlisle facility until the tractor trailer could be repaired. 9. By these unlawful acts, the Defendants have deprived the Plaintiff, its officers, executives, agents, employees and the persons, of the right of ingress and egress to and from the facilities of Carlisle, and have by coercion and intimidation interfered with and obstructed their right and lawful attempts to enter the said Carlisle facility to perform lawful activities. 10. By such means, the Defendants have prevented the _'r-. T p. I. 1;- . ~;{. 1'; Plaintiff from: a. Conducting its business, conserving its property and carrying on those lawful, essential and necessary activities; b. Providing for the protection and maintenance of its equipment, machinery and supplies. 11. The Defendants and other persons acting under their direction and authority and in concert with Defendants, have continued and persisted in their unlawful conduct and have threatened to continue to pursue their course of intimidation and coercion as averred above. 12. The Defendants and other persons acting under their direction and authority and in concert with Defendants, have advised and threatened that they will carry out and pursue such course of intimidation and coercion that inevitably will cause further substantial and irreparable damage and injury to the business and property of the Plaintiff unless restrained by law. -4- ~. ,...'... f~ 13. The Defendants and those associated with them under their direction and authority are persons of limited means and have no financial resources that would enable the Plaintiff to recover from the Defendants and those associated with them, the losses that their unlawful and malicious conduct and acts impose and will continue to impose upon the Plaintiff. 14. Because of the continuing unlawful and malicious conduct of the Defendants and other persons acting under their direction and authority and in concert with them, and because of the inability or unwillingness of the local police to control the situation, the situation is so serious and urgent as to require the issuance of a preliminary injunction without hearing. 15. Because of the substantial and irreparable injury that is being caused by the unlawful acts of the Defendants, the Plaintiff is without adequate remedy at law and is entitled to a preliminary injunction to restore to it the lawful use of its property, the right to employ in and about its business those persons who desire to work for that purpose and the right to continue the operation of its business unhindered and uninterrupted by the unlawful and malicious acts of Defendants. 16. Counsel for the Plaintiff has notified the principal office of Defendant Union and the office of Defendants' legal counsel of Plaintiff's intention to request a preliminary injunction without hearing and will advise said offices of the time of the hearing with the Court on Plaintiff's request for a preliminary injunction. 17. The Plaintiff requests the Court: -5- a. To enjoin the Defendants and their officers, agents, employees and members, and those acting in concert with them, or having notice of the Court's Order, temporarily until hearing, and perpetually thereafter from: 1. seizing, obstructing or interfering in any way by threats or otherwise with the free and complete access, egress or ingress by anyone from any of the facilities of the Plaintiff; 2. directly or indirectly impeding, obstructing, hampering or interfering with the business or operations of the Plaintiff; 3. directly or indirectly interfering with the deliveries, unloading and dispatch of supplies, materials and equipment to and from Plaintiff's facilities; 4. inducing or attempting to induce by any threats of force or violence any customers, subcontractors or employees of the Plaintiff to not enter any of Plaintiff's facilities; 5. interfering with, hindering or annoying any employees, agents or representatives of the Plaintiff who may desire to enter or leave any of the facilities of the Plaintiff for any purpose, by force or displays of force, by numbers, by threats, by acts of intimidation or violence or by any conduct that tends to deprive any such employee or other person of the free enjoyment of his legal rights or access to and from the Plaintiff's facilities; 6. having, causing or permitting more than two (2) pickets at any time to be at or remain near any entrance or exit of any facility of the Plaintiff, such pickets to remain off the property of the Plaintiff, to be in motion, to be spaced in a single line at least ten (10) feet apart, and to conduct themselves in such a manner as not to block the use of the entrances or exits for ingress or egress of any person or vehicle desiring to enter or leave the same; 7. unlawfully trespassing or loitering in the Plaintiff's parking lot(s) or garage(s) or -6- Lv er MacNet , Esquire .C~~ rado, Esquire BUCHANAN GERSOLL PROFESSIONAL CORPORATION 30 N. Third St., Eighth Floor Harrisburg, PA 17101 Phone: (717) 237-4808 Counsel for the Plaintiff Roadway Express, Inc. the vicinity thereof, in furtherance of picketing and using the said parking lot(s) and/or garage(s) for the purpose of intimidating any employee, customer, representative or agent of Roadway or any other individual who may wish to enter any facility of the Plaintiff. b. To set a date for hearing, within five (5) days of the filing of this Complaint, to consider Plaintiff's request for a preliminary injunction. c. Upon full and fair hearing to grant Plaintiff's request for a permanent injunction against the aforesaid activities. d. To retain jurisdiction of this Complaint to determine that the decree of the Court is obeyed, and e. To grant such other relief, including money damages, as the Court shall deem appropriate. Respectfully submitted, Date: April 8, 1994 -7- NOTICE IN CONNECTION WITH APPLICATION POR PRELIMINARY INJUNCTION WITHOUT BEARING The Defendants named in this suit were notified by telegram today at approximately 10:00 o'clock p.m. on April 7, 1994, that this application for Preliminary Injunction Without Hearing would be made to this Honorable Court at 8:30 o'clock a.m. tomorrow, April 8, 1994, in the Court of Common Pleas of Cumberland County, Pennsylvania. Respectfully submitted, ~m er~cNett, Esquire .C!~ ul J. C'rrado, Esquire BUCHAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third St., Eighth Floor Harrisburg, PA 17101 Phone: (717) 237-4808 Date: April 8, 1994 APPENDIX 7 . VERIFICATION I',~~NI) 4/J1t.).f4141/4C;~ , depose and say that I am the 2)IS~~ ~1V4crr~for Roadway Express, Inc., the Plaintiff in the foregoing matter, and am duly authorized to make this Affidavit on its behalf; that the averments of fact contained in the foregoing Complaint, so far as made of my own knowledge, are true and correct, and so far as they are based on information received from others, I am reliably informed and believe them to be true and correct. This Verification is made subject to 18 Pa. Cons. Stat. Ann. ~4904, relating to unsworn falsification to authorities. ~~~dtJ.~~ :ll~ L , I Ii!: ~ l! 'i ~ It; d I!: IH!! i h..ll.. ~ :> ii! ~ ~ ~ . ~ ~ ~ II , '. - . . . .f'!. (l !.f-fi'-"fll ." \ COURT OP COMMON PLEAS COMIlBRLAHD COOH'l'Y CO!OlONWEALTH OP PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIPP, V. CHAUPPBRS, TBAMSTBRS AND BBLPBRS, LOCAL UNION NO. 77 6 OP THE BROTBBRHOOD OP TBAMSTBRS AND THOMAS B. GRIPPITH, PRESIDENT, JOHN AND JANE DOBS, INDIVIDUALLY, DBPENDANTS. -,., , - I : DOCKET NO. q'-l - /78'). BIll d:y Te rlH I I I I I I I I MOTION POR HRavING AND NOW, this 8th day of April, 1994, the Plaintiff moves the Court to set a hearing date for the determination of the propriety of the issuance of a Preliminary Injunction Without Hearing at the earliest convenience of this Court. DATE: April 8 , 1994 HB0042:C:\ WPS IIRPS\HEARlNO.MTNISMO Respectfully submitted, er~cNett, Esquire . ~~~Jii) Paul rrado, Esquire BUCHAN INGERSOLL, PROFESSIONAL CORPORATION 30 N. Third Street, Eighth Floor P.O. Box 12023 HarriSburg, PA 17108-2023 (717) 237-4808 Attorney for Plaintiff Roadway Express, Inc. - . - . . :l! L , Ie 15 ~ U' f ~ 1~~!lli i.. II ~ ~ . ~ ~ z II ~&~/( ~ - COURT OP CO!OlON PLEAS COMIlBRLAHD COOH'l'Y CO!OlONWEALTH OP PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIPP, V. CHAUPPBRS, TBAMSTBRS AND HELPBRS, LOCAL UNION NO. 776 OP TBB BROTBBRHOOD OF TBAMSTBRS AND THOMAS B. GRIPPITH, PRESIDENT, JOHN AND JANE DOBS, INDIVIDUALLY, DBPENDANTS. I : DOCKET NO. qlf - /7fJ2. E9l1il-y re rlYl I I I I I I I I MOTION POR PRELIMINARY INJUNCTION Plaintiff, above named by its undersigned counsel, moves the Court as follows: 1. To issue a preliminary injunction restraining Defendant, in accordance with the prayer of the Complaint and the Motion for a Preliminary Injunction Without Hearing Order pending the final hearing and determination of this cause. 2. The grounds for this Motion are more fully set forth in the verified Complaint, Motion for preliminary Injunction Without Hearing Order and evidence presented in support thereof, all of which are incorporated herein by reference. HB0042:C:IWPS IIRPSIPRELlNJ .MTNISMO er~cNet~Esquire . c..:~<o~ rrado, Esquire BUCHAN INGERSOLL, PROFESSIONAL CORPORATION 30 N. Third Street, Eighth Floor P.O. Box 12023 Harrisburg, PA 17108-2023 Phone: (717) 237-4808 Counsel of Roadway Express, Inc. i I i' .f I ( r ,. II , , I I I "'7d ;; COURT OP COMMON PLEAS COMIlBRLAHD COOH'l'Y CO!OlONWEALTH OP PBHHSYLVANIA ROADWAY EXPRESS, INC., PLAINTIPP, V. CHAUPPBRS, TBAMSTBRS AND HELPBRS, LOCAL UNION NO. 776 OP THE BROTBBRHOOD OP TBAMSTBRS AND THOMAS B. GRIPPITH, PRESIDENT, JOHN AND JANE DOBS, INDIVIDUALLY, DBPENDANTS. I : DOCKET NO. 4'-1-/782. l3t;uify re rh') I I I I I I I I ORDBR OP COURT AND NOW, this 7Jl day of (t~1. d Ordered, Adjudged and Decreed as follows: 1. The Preliminary Injunction without a hearing requested , 199Y, it is by the Plaintiff is refused. 2. That a hearing is set for (~1.1") t. ;99'/ at 0' clock ~.m. at (~u-tl[n;K.-J At), 01/ , on the Plaintiff's -" application for a Preliminary Injunction. HB0042:C:IWPS\IRPSIORDERn.DOCISMO J. :ll L , 10: i!: ~ Ih~ ~ iH!a1i ~~>~~ ~ . f ~ ~ II ~ f/{.cf( . COURT OP CO!OlON PLEAS COMIlBRLAHD COUNTY COMMONWEALTH OP PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIPP, V. CHAUPPBRS, 'l'B.I\MSTBRS AND HELPBRS, LOCAL UNION NO. 776 OP TBB BROTHERHOOD OP 'l'B.I\MSTBRS AND THOMAS B. GRIPPITH, PRESIDENT, JOHN AND JANE DOBS, INDIVIDUALLY, DBPENDANTS. I : DOCKET NO. q4-/792 BI"'-;"'/ Tf.rWl I I I I I I I I MEMORANDUM OF LAW IN SUPPORT OF INJUNCTION AND NOW, comes the Plaintiff, Roadway Express, Inc. ("Roadway") by and through its undersigned attorneys, and submits the following Memorandum of Law in Support of its Motion for a Preliminary Injunction. I. This Court Has Authoritv And Jurisdiction To Enioin The Acts Alleqed In The Comolaint. This court has authority and jurisdiction to enjoin the acts complained of here under the Pennsylvania Labor Anti- Injunction Act, the Act of June 2, 1937, P.L. 1198, as amended, 43 P.S. ~206d(d). That Act provides that Pennsylvania courts have jurisdiction to issue injunctions: Where in the course of a labor dispute as herein defined, an employee, or employees acting in concert, or a labor organization, or the members, officers, agents, or representatives of a labor organization or anyone acting for such organization, seize, hold, damage, or destroy the plant, equipment, machinery, or other property of the employer with the intention of compelling the employer to accede to any demands, conditions, or terms of employment, or for collective bargaining. 43 P.S. ~206d(d). Although the Labor Anti-Injunction Act had originally restricted the power of Pennsylvania courts to issue injunctions in labor disputes, the 1939 amendments to the Act clearly removed the formalities originally specified in the Act and "completely restores to the courts of common pleas the equitable powers exercised by them...for causes which fall within the terms of the 1939 Amending Act." Carneqie-Illinois Steel Core. v. United Steelworkers, 353 Pa. 420, 428, 45 A.2d 857 (1946); ~, Gaikowski v. International Bhd. of Teamsters, 350 Pa. Super. 285, 296, 504 A.2d 840 (1986), rev'd on other qrounds; __pa.___, 530 A.2d 853 (1987); see also, Link-Belt Co. v. Local Union No. 118 of American Fed'n of Technical Enq'rs., 415 Pa. 122, 202 A.2d 314 (1964) (specifically upholding Carneqie- Illinois) . The Supreme Court of the United States and the Pennsylvania Supreme Court have repeatedly held that "mass picketing is illegal and that State Courts have power to restrain such picketing." Westinqhouse Elec. Core. v. United Elec.. Radio & Mach. Workers, 383 Pa. 297, 301, 118 A.2d 180 (1955); see also, Fountain Hill Mills v. Amalqamated Clothinq Workers Union, 393 Pa. 385, 143 A.2d 354 (1958); Wortex Mills v. Textile Workers Union, 369 Pa. 359, 85 A.2d 851 (1952). II. There Was A Seizure And Holdinq Of Plaintiff's Facilities. Takinq The Instant Case Outside The Scone Of The pennsvlvania Labor Anti-Iniunction Act. The Labor Anti-Injunction Act's restrictions do not apply, and an injunction may issue, when employees or a labor organization "seize, hold, damage or destroy the plant . . . or other property of the employer." Westinqhouse Elec. Core. v. Int'l Union of Elec.. Radio, & Mach. Workers, 262 Pa. Super. 315, 396 A.2d 772 (1978) (seizure found in case where only five to six pickets blocked entrances and exits) . -2- The Pennsylvania Supreme Court has held that, in order for property to be "seized" for the purposes of S 206(d), the owner need merely be deprived of the use of the property. There is no requirement that strikers take physical control and possession of each and every part of the property or facility; nor must strikers engage in a sitdown strike. As the Supreme Court stated in Westinqhouse Elec. Corn. v. United Elec.. Radio & Mach. Workers, 353 Pa. 446, 455, 46 A.2d 16 (1946): If the owner be deprived of the use and enjoyment of the property so that it becomes utterly valueless to him it is effectively seized and held whether the force employed for that purpose be exerted within the building or immediately without. The control of the entrances is the control of the plant. Surely defendants would not deny that, if 5, 10, 50 or 100 of their members stood directly within the gates and prevented the owners and their employees from entering, this would constitute a seizure of the property within the ordinary meaning of that word, and how is it less a seizure and a holding if the same number of persons, for the same purpose and with the same effect, stand immediately in front of the gates instead of behind them? Would defendants deny that, if they locked and bolted all the entrance doors and thereby prevented ingress and egress, such action would constitute a seizure and holding of the plant within the normal connotation of those terms and therefore within the meaning of the statute? But what difference is there between such a method of seizure and that of holding the gateways closed, not by mechanical devices, but by a chain of human beings stretched across those gateways and thereby even the more effectively preventing access to the property and its use by the rightful owner?.. (emphasis in original). Indeed, a seizure and holding may occur when only one gate to a plant is subjected to mass picketing. As the Supreme Court stated in Carneqie-Illinois, 353 Pa. at 430: When this cause reached this court and the record was before us, it then became our duty to decide -3- f"'~~"'l'" whether or not the facts showed that what the defendants were doing constituted a "holding" or "seizure" of the plant or any part of it. The holding or seizure of even one gateway to the plant entitled the plaintiff to the protection of a court of equity just as fully as would the seizure of the entire plant. When a "picket line" become a picket fence it is time for government to act. Collective coercion is not a legitimate child of collective bargaining. See also, Neshaminv Constructors. Inc. v. Philadelohia Blda. & Constr. Trades Council, 303 Pa. Super. 420, 424, 449 A.2d 1389 (1982) . It is equally clear that the number of pickets involved is not significant as long as plaintiff is forcibly prevented from the use of its property. "If there was only ~ picket and if he succeeded in blocking ingress to the plant by a display of force his act could be lawless and enjoinable." Westinahouse Elec. COrD., 353 Pa. at 461. (Maxey, C.J., concurring) (emphasis in original) . Force or violence is not a prerequisite to the issuance of an injunction so long as there is a prevention of free access to an employer's property by mass picketing. Westinahouse Elec. COrD., 383 Pa. at 300. Furthermore, a seizure and holding may take place without an attempt to pass through a mass picket line. In Westinahouse Elec. Core., 383 Pa. at 299-300, the Supreme Court stated: The chancellor ruled that "There was no testimony indicating a testing of the situation . . . [no evidence of] a sincere attempt to enter. . .". Such ruling was obviously that there could be no seizure or holding of property within the amendment to the Labor Anti-Injunction Act unless there was proved a sincere attempt to enter the plant, which was prevented by mass picketing. The court was of opinion that to establish that mass picketing was intended to be an effective -4- obstructing or blocking of passage into and from the plant, a test should have been made by an attempt to pass through such mass picket line. Such ruling was obviously in error and must be reversed. See also, Neshaminv Constructors, 303 Pa. Super. at 424, 449 A.2d at 1391. The evidence submitted, when viewed in light of the foregoing decisions of the Pennsylvania Supreme Court and Superior Court, clearly establishes that this is not a case of mere property damage incidentally caused by picketing, ~, Solvent Mach. & Filter Svs.. Inc. v. Teamsters Local No. 115, 343 Pa. Super. 505, 495 A.2d 579 (1985), nor of mere difficulty of entry and egress caused by picketing, ~, Frankel-Warwick Ltd. partnershio v. Local 274. Hotel. Bartenders & Restaurant Emolovees Union, 334 Pa. Super. 47, 482 A.2d 1073 (1984), but instead an actual "seizure and holding" of plaintiff's facilities for the purposes of the Labor Anti-Injunction Act. III. Plaintiff's Motives In Seekinq An Iniunction Are Immaterial. Plaintiff's motive for seeking an injunction is immaterial. As the Pennsylvania Supreme Court stated in Westinqhouse Elec. Co., 383 Pa. at 301-302: The court below in the present case states in the opinion: "We received the distinct impression from the testimony that the Company was more interested in impressing the Judge with the so- called illegal behavior of the men than in getting Supervisors into the plant; more interested in legal rights that in labor relations; more interested in breading the morale of the men and the Union itself than in negotiating a contract." That court should have been concerned exclusively with the legal question of whether mass picketing, unaccompanied by violence, threats and intimidation, is illegal. Where such action is adjudged illegal, the good or bad motive of an -5- employer in insisting upon the enforcement of the legal principle is immaterial: ~ Cohen v. Perrino, 355 Pa. 455, 460, 50 A.2d 348. The Order of the court below is reversed, and the record remanded with direction to issue and injunction enjoining and restraining defendant Union, its officers, representatives, agents and members and all other persons acting in concert with them (1) from preventing or attempting to prevent, by mass picketing, intimidation or coercion, any person or persons from entering or leaving plaintiff's plants and properties and (2) from in any other manner seizing or holding said plants and properties. IV. The preliminarv Iniunction Should Be Continued In Effect Against The Union As Well As The Other Named Defendants. Plaintiff respectfully submits that by asserting the right to picket plaintiff's facilities in furtherance of its collective bargaining demands, the Union must, at the same time, accept responsibility for the mass action of its picketing members. In Milk Waaon Drivers Union v. Meadowmoor Dairies, 312 U.S. 287, 295 (1941), the United States Supreme Court held: The Fourteenth Amendment still leaves the state ample discretion in dealing with manifestations of force in the settlement of industrial conflicts. And in exercising its power a state is not to be treated as though the technicalities of the laws of agency were written into the Constitution. . It is true of a union as of an employer that it may be responsible for acts which it has not expressly authorized or which might not be attributable to it on strict application of the rules of resoondeat suoerior. In United States v. United Mine Workers, 77 F. Supp. 563,566-567 (D.D.C. 1948), aff'd, 177 F.2d 29 (D.C. Cir. 1949), cert. denied, 338 U.S. 871 (l949), the District Court provided the rationale for holding a labor organization responsible for the mass action of its members: -6- ,....,.... '~-l< .'.,~:: !L'.,~:;t}~':f'~.'~ The Court thinks the principle is this: that as long as a union is functioning as a union it must be held responsible for the mass action of its members. It is perfectly obvious not only in objective reasoning but because of experience that men don't act collectively without leadership. . . So that, in general, this Court announces a principle of law. The Court has no means of knowing whether higher courts will adopt the principle or not, but the Court has no doubt about its soundness, not any -- that a union that is functioning must be held responsible for the mass action of its members. *** Of course, if a union comes in and says "We have lost our hold on our members; they have gone; John Smith has executed a coup; he has taken them away from us," and if they can show the Court by legitimate testimony that this is true, they are not guilty of contempt. But that is not the situation here. The Union and its President made no such claim. They don't contend for one instant that this Union isn't operating and functioning as a union, and that its members are not controlled from headquarters. And so the Court has no difficulty in reaching a conclusion. The Pennsylvania Superior Court has held that in order to hold a labor organization liable in negligence for the strike- related tortious acts of its members, plaintiff must show, by the weight of the evidence, that the acts complained of were ordered, authorized or ratified by the labor organization. LaZar v. RUR Indus.. Inc., 337 Pa. Super. 445, 449, n.3, 487 A.2d 29, 31, n.3 (1985) . However, the Pennsylvania Supreme Court's decision in Gaikowski v. Int'l Bhd. of Teamsters, 515 Pa. 516, 530 A.2d 853 (1987) indicated that LaZar does not govern the availability of injunctive relief against a labor organization in a case of mass -7- " l;f,:;:::;~r\f~'\ "f'_;^C<~""/_ lJ,.~n"'"P'~":""-"I,:- , -iJ!~ picketing. In Gaikowski, the Pennsylvania Supreme Court stated that Section 8 of the Labor Anti-Injunction Act, 43 P.S. ~ 206h (Purdon 1964) -- requiring proof, by the weight of the evidence, of actual participation in, actual authorization of, or ratification after actual knowledge of unlawful acts by officers, members or agents of a labor organization, in order to hold a labor organization liable for such acts -- is inapplicable to suits for injunctive relief under ~206d(d). The Gaikowski Court explained, 530 A.2d at 857, that an "injunction poses no threat to the viability of a labor organization whereas damage awards may quickly strangle an entity responsible for bargaining on behalf of workers." The Court added, in words as applicable in this case of mass picketing as that in the case of violence: A union qua union can have no legitimate interest in preventing an injunction against violence on the picket line, whether or not it participated in fomenting that violence. If it did, it is properly a party. If it did not, it should support an end to the violence as all good citizens are required to do. 530 A.2d at 857. In other words, the Labor Anti-Injunction Act requires proof of authorization only where the plaintiff seeks monev damaaes. not iniunctive relief. The Union may attempt to rely on the United States Supreme Court's decision in Carbon Fuel Co. v. United Mine Workers, 444 U.S. 212 (1979). Contrary to the instant case, Carbon Fuel applies to cases involving suits for monev damaaes under Sections 301 and 303 of the Labor Management Relations Act, 19 U.S.C. ~~185, 187. As stated by the United States Court of Appeals for the Fourth Circuit, "There is nothing in the logic of [the Carbon Fuel] holding that prevents the -8- . ' .-_.~._-,,-_... - application of the mass action theory on the local level." Consolidation Coal Co. v. United Mine Workers. Local 1702, 709 F.2d 882, 885 (4th Cir.); cert. den., 464 U.S. 993 (1983). The United States Court of Appeals for the Third Circuit and the federal district courts in Pennsylvania have never extended Carbon Fuel beyond its original context, however. ~, Feather v. United Mine Workers, 711 F.2d 530 (3d Cir. 1983); ~ Scaffoldinq Co. v. Local 845 United Bhd. of Caroenters, 585 F. Supp. 102 (E.D. Pa. 1984); Airco Soeer Carbon-Graphite v. LOcal 502. Int'l Union of Elec.. Radio & Mach. Workers, 494 F. Supp. 872 (w.D. Pa. 1980). As Judge Knox wrote in Airco Soeer Carbon- Graohite, "We agree . . . that the mass action theory does not survive Carbon Fuel, inasmuch as the Supreme Court has clearly defined the limits of union liability under Section lQ1." Airco Soeer Carbon-Graohite, 494 F. Supp. at 876 (emphasis added) . V. Plaintiff Is Entitled To A preliminarv Iniunction Limitinq The Number And The Activities Of The Pickets At Its Facilities The Pennsylvania Supreme Court long ago put to rest question about an employer's right to injunctive relief in this type of case. In Wortex Mills, 369 Pa. at 363-364, the Court held: In the light of the mass picketing, threats and intimidation, it seems strange that anyone should contend that a State Court is powerless to issue an injunction. It is well to recall that a State or other Sovereign has a paramount right and an inescapable duty to maintain law and order, to protect life, liberty and property and to enact laws and police regulations for the protection and preservation of the safety, health and welfare of the people of the state or community. -9- And, in carnegie-Illinois, 353 Pa. at 429, the Court emphatically stated: Forcibly to deny an owner of property or his agents and employees access to that property for the purpose of protecting and maintaining it and its equipment or for any other legitimate purpose is in practical and legal effect a seizure or holding of that property. Such a lawless seizure of property no government worthy of the name will tolerate or condone. The employment of hostile force against persons and property is exclusively a governmental function, and exercisable even by the government only by due process of law. When any individual or organization under whatsoever name attempts to use force to gain his or its ends they are attempting to usurp governmental functions. This attempt unless promptly and effectively restrained by legally constituted authority leads to lawlessness, disorder and anarchy, which is the very negation of all government. The law cannot temporize with lawlessness. The first dutv of aovernment is to aovern, that is, to maintain law and order at all hazards and regardless of expense; only by doing this does it fulfill its legitimate function, which is the protection of life, liberty and property. (Emphasis in original) . This is not an instance as in Giant Eaale United Food and Commercial Workers Union v. Local Union No. 23, 425 Pa. Super. Ct. 186, 624 A.2d 208 (1993), in which customers simply had difficulty gaining access to an establishment. This is an instance in which the Union's pickets effectively thwarted access to the facility. This is an instance in which the Union controls the entrance and denies access to the facility. ~ Indiana Cobra. Inc. v. United Food & Commercial Workers. Local 23, 406 Pa. Super. 342, 542 A.2d 368 (1991). Further, the necessity for intensive numbers of law enforcement officials at this location jeopardizes the health, safety and welfare of the citizens of Middlesex Township and surrounding municipalities. -10- Illinois: "No law-abiding citizen objects to being officially informed that he cannot act unlawfully. The injunction issued in this case impinged on no one except persons acting unlawfully or planning to act unlawfully. It offended no one who acknowledged the supremacy of the law." 353 Pa. at 431. Roadway is entitled to injunctive relief under well- established precedent in this Commonwealth. The Court should issue a preliminary injunction limiting the number of pickets at Carlisle facility and restraining those pickets from denying access to the facility. VI. Plaintiff Reauests OnlY That Defendants Act Lawfullv. The relief sought by plaintiff is not extraordinary. Defendants have engaged in unlawful acts, and the evidence indicates that they intend to continue such activity. No one can properly object to an injunction merely prohibiting such unlawful acts. As the Pennsylvania Supreme Court said in Carneqie- Respectfully submitted, aul J. BUCHAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third St., Eighth Floor Harrisburg, PA 17101 Phone: (717) 237-4808 Counsel for the Plaintiff Roadway Expres, Inc. Date: April 8, 1994 -11- CERTIFICATE OF SERVICE I hereby certify that on this date, a copy of the above and foregoing Memorandum of Law in Support of Injunction was served upon the following: Court of Common Pleas Cumberland County 1 Courthouse Square Carlisle, PA 17013 Thomas B. Griffith, President Chauffers, Teamsters and Helpers Local 776 2552 Jefferson Street Harrisburg, PA 17110 Ira H. Weinstock, Esquire Suite 100, 800 N. Second Street Harrisburg, PA 17102 Hand Delivery First Class Mail First Class Mail Respectfully submitted, k~?r..tJ Susan M. Giblin, Secretary to Kathy Speaker MacNett, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third St., Eighth Floor Harrisburg, PA 17101 Phone: (717) 237-4808 ~ Date: April 8, 1994 1. ATTORNEY FEES: 2. SECURITY GUARD FEES: 3. VIDEOTAPE: 4. STILL PHOTOS: 5. DUPLICATING COSTS: 6. SUPERVISORY COSTS: 7. VIDEO COSTS: 8. EXECUTIVE COSTS: I.. -~"'-"-"""'_"_~ EXPENDITURES $24,000 $19,745 AS OF MID-MONTH 4/15/94 19.136 4/16 TO 4/26/94 $38,881 $800 $300 $500 $1,500 PER DAY X 3 COURT DAYS = $4,500 $1,700 PER WEEK X 3 WEEKS = $5, 100 $7,100 9. REPLACEMENT TIRE FOR VENDOR: $100 (ROBERT MCCOY) TOTAL: $81,281 ADDITIONAL ANTICIPATED COSTS SHERIFF'S COSTS MIDDLESEX POLICE COSTS ~''''fJ}>'''''.-' ""~+'-"'~-." . qf&L'~. IT" "J""C"'<"~^~a.' ~ ,...~f .,~",'~~,g1_. . ~A":'''':':~':C'.l~' )J- '-II" ..~-, 1'_",.;.WIo-:;';'" "~',- ."',...-"':.....,.,.,.;. e!LQ.AT~ ____.1:8..12.-____ Count: o 4/01 ;,1 I />~~',\IJ/ ,-','/ I I,'; /111 '. . ',J ~jt"'(1 ..1 :'11,", / /. ? \ Coun t: oS tl/Oll ")'" I " I ;,..I,H'll", " - , .'~/' I (,')( .:'. ~'t I ,1 ~I'./ I . ~.:1 t ')} \ I n t. H~'II -- -1';1 (,'-',:--,-1 n -/', ()/, )'1.1 :'J' '~ ~~n 1. ,'.,flll'/;:;'., Count: 6 VI .1 01 (),~n'/'ll () "I.. .,.J' UH JI.{N" :> / .'.UI) 11" r, 1/"',0/1) ,1 / 1,'1 ~")I~ I n ltln 11Il :l"'I,/' :;.1~;' ':,,'In-1 r)n ,~( :..../1) I'} I'){}(t'/ / 1,.1 I/.{/O- / 01'1 'j'F) " ')'U H.1,-}(, -/ HO I .... :..,.~, x ''lll ',I,H /,','(. {,()/ (,'"I/'/'lHll', / nOH ~j? /.N'~(> ,', :1:~ In') 1-,( )H4 'I Count: 14 ,1/ I~' I~,:', '-A'il)~;n ^ 1/) 1, (.11 {'JO'J,", '. I :r.:':, (,l'i')l)')" I) 1,1,! ~,c;)I,1 (jr~ i: l:,:~ '',/It,,O',(, / I .,., ~, . "' /.t.l.l ,\ ") '-l:", III ",/.<)'/, " I 1,,1 /I,,~\>I'd.'') I;-~.)'/~"l'''>d/ .I :'{, I (J("r, ,'..-',1) . ,_ ',,)/.(. /,,11",') I ;"~ . '.d I ';'11 (,'.'11 >~ " Ii' 'I <,1;,' ).-) I ,.,. .:"i ,1"';', \/. - .. (.1 ,.,,-' ", I II II ".j ;':';,;' 1 COlin t: .16 .,^...~~."~ ., i I f t , f' , ~ I ) I ! , ~ i r, l' el ,!' r.~--wJ,7fi\. -=E,iif'f~'J':~,f -'.,< ~~''t:$.;::,~l;-X~ /, <f/;i ~.",,'i'.'i' El.L.l28TF;. <1/1,'. '1/1'1 j J ) .J :j I I ~:lt;y"....,."...,,,,_,,-w. __.J'.JlIL___ J Ii ' ~ . ,'. 1'1 J .1 i I (I , '._' '/1' I "'. " '('1 ) I p'} \ /1\(,')1) I} " , ,/r1'/ /:\')?,i, l ,) >,; ~1..1 , , ) 17~ ,1 ! /1 I')' , ,(.t)'2~il) ,I ~:l'?d "(lqOtl.:ll) '! 4,'> I .. 0 I (,.',nl 4/,1 I I I '; I I, ~( ':4.', I -. ,',1 LU3lV:,-, n 4'1," I ~nnl ;, i (,f.H) (l')71,'il)- n (,0'/ " n?>{,5i-l(, n (.H'/ '-J9?:1'14 - t, (,n..l- n'1 \:-'\1.),) n 1~') 1 ') 1 I 1:.')/, {. }_\:~,'"l 1.)/,1 I c 0- I;.'" :V-,] .~)OIL~I{.(' H/'] ~ ,'}(, I \')1 6 Count: 20 I I , l",,'\(.71J6 . . .,,1 ] " I I i~,);Jn{) n , I 0, J . '//1 '?~!,f)l" , I )1)-")1 O(,~<.' , " \ '/9 <'} I 1\ I '/ 1 "',' IA,T,. /'>t. 'I", I) " ..r.}.... I 1':! //.(1 Ud -x . " I '1;T, I ::~( 1 Inn , " I ~1'-i"'J - l :.1',0 1 H t) - :? l.'lf... .~I/:'(,lc:.t)'-'H 'ILl'; ~:,{,'/')/l} X I'll' t ,,) 1 l,Ti .I90':',ll T/(, ';, 190 '~~,')"lOil"1';<') 19,1 ,I 7"){!')")-- t.) 1,:,1.:}. 1 'y1"'}~) 1 1 ')('\ 1 (\'I(,() I " 0 ?J'/ ,1/\;:',\)]':') :1, :>.10. ')n'-l'~ln'/ ~> ')(.'):).:\H f) I)(,f)'}t.r)< n /J,/~.\1)9() ",.1 '?C') / f~ 1 e"yJ/" ~ f) .....t') J, , 1l'H If.;{, (, .,'l',l'," ~,;' ~,!,{,n '/ .) '10') L,ii \ (.>'0- ',) '-,,( )';. :",'j;' 1 ')') t',. i-~;'~\"J i,-j / '".:')(.1,' l ;:~ 1') <>d; ~<'I 'Hi f I ;:;1',,' t/\',..:-'.l" " ,:\' '..',' Il,'~i ,'.'-."r' ; (-H.. 1\,1 ',', e!L12DIt:.. ___._~I3!L.____ t fJ. , " )' r ,~, :r -1/ I.' ; ~ l' ", 101 ;;/i\ ! i III r \. i~,...~, ."",....' I I , " 111."(,,j I J I ',J;- '; !.\ Illl).',.,'} 'J I I It' 1,1 ,1/ ''.--' 1,1/.1 f}H h ~~ II, .",> /(.i\',I_) ,~ jill, '/~'f,HI.1 l :\/1, .':H))'..>I" Hi"l lr\l}'ll)f'l ~l ~~:I.l '_Jj'J'-,HI ') Count:: ill I " 43 II,', I 1(, II." I 1/. I? I ",;'\.l")',)(J ') ....{:.1.)'~' i " " :',;"id<)lj') .t, .1,., , '" ;' ., ,of, 0 . " I '} .I , . , '-,;"'1 :' , 1 f,,", ') I x 1,_'.,1, I',,', 1:',_'/ {,t,l/.t){,l\ I I <'~l ')/1' )t)/l '. / 1.11 "-''''1':1)(1',' /1 I!L~~ /1 "'-"".'\1\ ^ 1.11'" ',.',/'(..!{.'.' I'}(I ..1'/..'" I ,1 ,I l"l~) ,-r.':,';'IL ? 1(,', .:./,011'>'.' I 1 i..L. .t,.:...llt1....' I 1 i'hi 1."'"\ .. '~ 1 >'(./,. ')i...1 :'-'("j :.10',/)' li'.~/. ')/')1';'(. (. , 'I I .:~' ){,( j I {} 1 1--., ,.', ,:'. ' ,.. ~ II}~O '''L', "l/)!'.,l,>'1 tl "In IF,"} x ! ~_~ /:~tl'_' / n: N~~),' I. ( !; ~.~ '_' '//,,1 '/it/H.1-', x .'\ ',' ',.11,',1, ,'''' / ',1 it i'.I ", " I ", ','.; \ I,', /.1 I: " (.t If 1 "-l',.I I,' ,t 1 ,'.,1;' ,-", '-,1/1 (Ill. if I I. j :\".'1 .!' 111 '. .I' '-ill I" '.' .'lj f ','1'. / ,l',i' .11 .1.) 'i' ,. COli n t : :~ I PU Dl;tlE '1/ Ii; ____..J2Bll____ 1...1,1)" 14g 1.1n I {to 1'11\ 1.1i'1 ").1 19,'1 771 I (,;-: fid i', . I 1\ I....,,;. "" 11.:l'JO;', I ,",..1 /'>~jU(,1 )'} ! ,'j / i(,l r)~~"l I I -,'I I,','} 1:-',9 ',O','IHV) "j li(,l/i'd,'_',_ -I) ld.l/t',f,(. -,' >: '-.n II .~L';' ~> (,(,').'./1' I (Ji"X'~lf~' () -':.(.'}/)'/9 X / {.{,'}?B'J H(.(")/I~-l:~, (I I 1 // :,o{, I) -1 '?IHr:l9 :e- II )(){)')'?--- J ~',"/'_' ',(/111)"/ l'~ ?/14 II 1'.'>1',') ';. '/ "~nd ()(,"1~ i l <~.- '.I"I()~1 .1~-i11')'-:.. ,~, -77H ?tttlil{lH', i} :")')i\ ~,; r, l. >~():~. ".::1 :',11 '17,'. Hi! ..-/ ~.~, 1 (, I :'-,"l')O~~ ;;. ,'~,"'l t F;()~1{.(,O~ 2". ,~) '-;)...\ IL~L,. ,nl <1:'.;"';- .1?,/, .11 lil /.1' 'i 1')I,')?q? I ;r,(l')\:.J , " " " I t){.?6' (, ':> ~ '0 " , (.'j n , 01 I '.11 1 , " 1,0..') ':'101:, n'} J I (,4 ~- n .(:.ot~ H9) 1 :.a.\'~(' "iC,L,- t,) l ,':',l nn X I)O!.) q/46(.}'~O ""Iil) 1)-; ,\t.,lt, ' ') '-;t)l') '~}/"<-)'_II n ':,()') ,i,/'j/,n I " " " 11 '/f~' In',',} ,'~, L./(~. '.,NI;'," ")(. ') ~,,:'d ,I, r'J'<..'7-" g ',t,l n 'S '/')')P/) T. (,(in fJ') 71,,'11 c', (,t,'.. O',',/')>' (, {.n') C:J(,.',fVj I n l,n/ t,,',,',n'.:", I (,;-':;' , ()nHi'I.j:-:". j, 1.)/ '/.~/;'I ...., .~ ; ~".'~., '''',I,U '/ ,'.,') '\ :';."....., fL-I,'..- " I, .~, {- ;. - ; i < I ,- . ~ .," 'I" , :":dil 1 \fL',:; '.~; ;;', : / (\ /' ',-, II .\.. "d. ,: " '~" '.--".--. . i-.;.},,;&,1t-~''''''''';'''f'' " ~..~~...',""' e!LQBIE. ____eBQ____ (;/lU ! I; ;? ;';:, ,l't ',--"l l COllnt: 55 ,1/ 1 ',) " I .' ')(i01,') " .1 I I I 4 /~t'/}i_' l . I 1 / 'I'il >' !.1 (, I /',? 1,,(.Jl)'jJ ;, I ", .H<)'l.",!)/l 01 ".' I '""I fd,n/,H~1 "/ I Hi I 101<1 ) '-)" ; I I r,~l I I ,: .:'~{,{)j" I I ')4. I '/?l..,n '1 I '}.1 I '),".70?i 1 I t)ll' I "1\ I " I 74:: 7(.Of')() ". '}(,.'I y I n I 0') '1 I " ',) I I ~1{, I 1,1 I 4 ';-;.;0 (~.'''.,' ',Ht\ f :,~t){. /;.n,;:....r~~, 'I ?')H ,)(,-:~ I ');':; (I /,n/) He}? I t./ ",,1 /.?l '/'):1)(..0', ~< /, ~-..\ (1':, -II 1(\ (l /-, If, ')r.l0nL,1 c. '~fl':.--01710(, }i ,-lll, 11::>0 /1',."0 ,)::'0 ~l ';}f) "f,:"\ (l,..',J <t,-':j.-1 .-}t, I <1 / :~l .'1') 1 ""rl ,-,'/ 'II) l i J", n~,' 1 . , "( . nf',~, . ).", I COllnt: "1,/'/1'1 ':,r1i{;VJ() / .:l'}/l.ll " , .'-\')l(,~)') '? ,'1~)71.'?/ (l (;(i 1 1"\-1 {. ~-'t',J'11') 0 'l'.n{)'::,[l lC~ C); ~~j{.(J, 6 1:.'-,;:.;"U:\9 .{, ~,nl 7:'.7" I (-)....,.-.(l~'1 H -; H')l')nn () (")')l,onc:.-- i, OI"Hl')()I,,, r~ l'~ I ~'1,:'-.:::''''\';\6 ;;' ';i'-lt,':ij 7 ,',I I ()~;-, ?,-.-~{, (. t'I.'H~l ~/ :~ ill 'hi,? / d 41 I;.,,, ~ 1 _ ' ! , 'Vj ',ll,;;!J .1 " 1; ~ I \: " " ~lJl.JlU':" il/}!l '1/', _.__._P-Rll.____ ?l'.' ./ I (," :/'/ I ''''41 ?.:It) '/HtJ f ' \ I .. I.' ~ " .'1 'It \ _~I':) I f Jt. .. ',l) I '; !/~'~,'; I I.",') \,.1 Jlj',) ,I l'lH 1 ')0 1 ') 1 1 i)I' I' _ '.( ) ,'. :'~f} ", "~{) 'I',)~' (, I 7 VI n~.l -~-J f ,/0/ ..?.-~.r}~:'CI.1 t,) 11'. I : ~ I / 1 ?] ! (ll /J l ')rl.l/jl)(j ,~,< ;:";;"',1 (.'){, :;.' ! 0'":,(,0 ,N} , , .."'.Of)- t)} ,'~,?ot) '(, , )l,.~1.1 I 'I" ") (.l}~i~'.:~4 '7 .'1'l(lf"..':o? I J .'1 tl(, t,.l t. ~.~ .:'jtll,'"!4r, ,_, "~'l(' ~-jC,O'- ..1 jlol(.')~_11 () !~ '1 (,'..n.) d (1.1{,~)')') /, "V.,')'1~<:':;" )( ,'t ;'f r\,'l ~..'\ ~;i ,1L,'v-'''lO :) /~"J')/no 1 1-,f~:'j/,ln I n'-t:V,:~;r}..t-l '7 /'(I;".!,f'~9 8 I,. ;H)( )l.n X (, r)nl', l;J'l ).~. '/')(hif~H .) ?o'/n'~}i-" . J I .) I {,,'lt~ \ ") j;-~. U,',l '-i I " ,~, ')7/ .f.).1fll1 f\ r;? " / _.i~ I ~:) Count: 45 I 1 ".;;j(" -j (, I I ..'....Il<...., i i." ,:' ~, ] .--. ') :.', ., :;: ','-., {,/c'. I 1 (. .:.'.) (}/.(. (" [,11 '.'_le'l '" I ",'( I ..-" i',,', ,>-j ~\ .) I '.'n '.', ~,;;,/. I 11 ..I, f.il ",! ",', II ,I J' j 'II 1 ' ) ~ .' .).l t .1?1 ,~l ,z, I (l/,l .'l/~ 1 4?ll .-L'il ~1.'.~ I ,1.':; 1 '1-",1 ,):")1 ,j.'jl ,11\ ! I" ,- ~ , Hl .....ll..). (.7/' (); ~') (~nl ,',.- I n.) I . "., , HHH 18 e!LUQIE. ____f2BQ.____ " ,\', , I , , 'i" "- ,:.,',.",1 , ','.." ..H, ; I " , ; / ',I,",,' .-1 , I : ", :.'{. "/ (){,f) ') It I i I ');.i.-:-. I , , ., HI'I i I ');'-: ',.',t) I , l';-n !It.HIH 6 1f'f'l 1'/f,n'J', X I :"'>l\' I I' ,">H~'(,. ') I 'in. 11(,B/,"; ." I?~' 1/IJH4n.') ] '/H / l(/~:111'i' n I',}H Ilt.f~'-)()-- I I :)n r/6f~";" - (, I 'JH ! I(A1')'l"" r: l','n l/6Hr.? ..1 I :'lH ll{j:lf.,,'l .', l','H Il(,gl'lf, ':,.' I ~'H llf,HI"),"... I 1','11 J/(.H',; 0 I ?n., I !t.L")H X I~'~: ff.:~/(.', I .' .:~ "'. ,; i I " : L J q .1/,' I Count: ,II:.",' (II,", ',)1,., III 11'/ Ilt:j' Ill:, "/,J 1 ')H I ?~1 , ')H I }:\ I ::'~J l........:t I...." l'/fl 1;'>1< I >'fl I '-H', ,'" I ~ " , ")') I /').1 .1 l:'" I i~l ){} ') iI/'H"}."!1 "/ .If, '~'> L'N)' I) I'J ~,.,l._l\ I ':1 I j I" ~') ~:.., If,;. ,., (J '} I 4 f"1;'> , ". ., / ~'.nl.() ') I / {,..~(,O H / / (,H(,I / l/t'-:k,'s' l. I'le, /-, Ii (,fUh'J I., /1(,:i{.'1 'I "1./(,1:(,/) .'. 11 (,;~(.(", ',' 1/ t,t:{. f 1.1 l,;lr.n r) 11/,;"-;(.'.' i\ 1;);' II(oI;/ll '1 / l {.'i,; i I n I ?ri / l {_.;,~ /.:>, i ! /LHlr-, 'I j I / ( ,; \ " ~ t I }, .,,, I J , ;i' t' :.1 I, "rl~ ,-/1 ~!2Il Tl;:' __----EB.Q.--- "l/?~? 1 .'n 111..nn/, ,\ I')') .:>',:" Ill. / I ~~'~ IJ>>(',?,j){l 1 :..1 I/,"}" I ' ',~). \'10 19()- J '}O \ 'J:'; n;';", I ')1 i- ~.' 1'.{J',t'on,-', I f~)l(,l:~/." -~. ..l-"1 tf, /:l, l. X '(,141Hn~ '; f~)()9(,I)r} 1 '</'1(81'1..n "f()()'),:;il :', 1 nrJIl'?11 .l '/(,fil. O!,'" ~~ ~')(.nl 0(. !:, -d'/n4')? :> \ .} 1 p(,n 1 \11:', 1 tl?, 1'1:", 14/. I 4~j 1,11\ IH7" '/' /(,'" t. ?(,(,] n "',') ~j.l1 '''I:/?.lC:I!'''O "1.1? :'11,,:'.')'.jlt1-1 ?(,l..:i'?ll ?,~t,.(J ~) l'i. 1 ':,')')HO' \) -;")1} ',,1').:'l"r}-{.~ f; ?')l.. :.t.;:-l:.I')(AV. t. ~~.( ).1 '/t)::.~JI')() 1- g .',0(, 0':. l.no?o" r) ?jl ().. "_,I) 1 t) /')'-'1 _~ Il'l,~.l (.) 1 f--(' ,".<.11 -''In(,741 < n .-)() f:, /1 ''-)')()( )~. \ - '~.) ..HI~\- ~:.i\ /'?n4.' l .10"1" ':"1')5;\0 (, /10'1' .l.l\:".::."~j-' 1 ,11 1 ,',;\ I :>H'/ I 1111:), (,;~.J/n{)B-'9 4 1 <) '!{.040~~"-o 4?1 <-,:.r.4l(,?l' (, ..L"',l ?~'-.41)'-.,H 0 ll::-,l ,-;'':,.:1'')(10' " ~H10" ',,:"/4/'..6" " 41'1':-')' ,)l',99{,O / ~" l 1 " , t,) ; ~(-~ I '} (I ., ,'.I I ~r, '.~, I / H I {, ),.! I ;I \ ",f" I ,--,,', I :< !..' .., ",,::', , /.(-, ~,\ I , , f, X ''':.(,( . ,;.L"" " i '., ,1 (,'?I " l,"HH H if I , .' , ..j '1 n ", ~ ~,/ . ,") ( . , ,.'. , ) ,'{. \ ( ; I .. . , .< , i i ;{ , " I '-1'. , , . I .. " j, , , H I , .. H ( " I i 1"", 1 '.i . e!LI2BIE. ___eRO_____ 1/"" ( "". (,;-i:,' I ;l(,'..l.'", ('. c,9n.jll.I\>'~:n H (,')'1'- /') I 'lilt, ..1 / I l ~ . qi)( ,':, I ') (, J:/ I ()-.:'.q--.~() 1 .' n 1(') O:;>t....1HI () :11H '0:>(.;.1)1 n n:;- I 'I:~'O~',(!/;. n~H, -{.l ~)\:;j)'J-'(J n:/" .(.1 1_) (h'j 9 ':J H</') !4,)r)?I"<') n~'q. "ILl')':"?:;>' /. nl':,~- /.()H J I ')" f) fill, 9/l?(./, 4 H'I(, "o.'''.9')''1~') ? Count: 114 Coun t: 412 'i, .' , J ~i,~ .,'",",E ,-~..::.,..,~ :;,.:~,.", ~ i';{~i_J<;' ~.. /~- ~'I.'.)b U INVOICE [\ j! ,', ! ii i , j BILL TO: ROADWAY EXPRESS, INC. 100 ROADWAY DRIVE CARLISLE, PA. 17013 DATE: 4/25/94 REMIT TO: VICTOR H. LOSCH 12 OAKWOOD CIRCLE CAMP HILL, PA 17011 (717) 761-4032 OVERNIGHT DUPLICATION OF VIDEOTAPES: 4/11 TO 4/22/94: 4/25/94: PRODUCED 28 TAPES. $25.00 EACH = $700.00 PRODUCED 4 TAPES. $25.00 EACH = $100.00 $800.00 ,...,.~ PINKERTON' ~ ~ SECURIlY & INVESTIGATION SERVICES INVOICE P.go: 1 OT 6 I"yole. No.: 598498 InyoleoAmoun\: $19,745.25 I"yoleo D.It: 04-15-94 CII.n\ Codo: 112261 noop. Coni.. No.: A38531 Cnon! P.O.: REMITiANCE ROADWAY EXPRESS 100 ROADWAY DRIVE CARLISLE. PA 17013- In,ole. No.::; 98496 InyolcoAmounl: $19, 745. 25 Inyoleo Dolo: 0 4-15-94 Cnonl Code: 1 1 2261 noop. Co"lo, No.: A 38531 ------ Service Addre55 ------- ------ Billing Addre5s TOM SMEDLEY ROADWAY EXPRESS 100 ROADWAY DRIVE CARLISLE, PA 17013- I Mill Plymant and thl1 Rlmlttlnce To: F.O. BOX 7247 DEPT 6256 PHILADELPHIA PA 19170-8256 For in~uirie5. call: 717-234-4642 I 1.13-5318100 fiRMS:.... d~ upon rtcltpL Payment not flClh'ed by the)Ol" etav an.. eIIle of IMoIct Fad. TlxID. will ICCNt 1n",",.1 tht rile of U'plfmotllhormlllmumlllowedbyllW. Dun & Brada.,n' ID: 06-664-2919 '_ FOR SECURITY SERVICES 04-02 THRU 04-15-94 NAME Sat 4-2 4-9 Sun 4-3 4-10 Mon 4-4 4-11 Tue 4-5 4-12 Wed 4-6 4-13 Thu 4-; 4-14 Fri 4-8 4-15 BILLING HOURS REG P. T. D. T. AMOUNT ALLEMAN, PHILLIP A Wkl 12.00 11.00 12.00 Wk2 35.00 BOWMAN. MARK HAU Wkl 12.00 5.00 6.00 Wk2 23,00 CARLIN, DONALD R Wkl 6.00 5.00 Wk2 11.00 COPOULOS, Wk1 Wk2 KELLY M 6,00 2.00 8,00 GOODWIN, Wk1 Wk2 BURNELL A. 6,00 5.00 11.00 HEFFELFINGER, ~ACK E. Wkl 6.00 6.00 Wk2 12.00 ~UNKIN. ~AMES ~ Wk1 6.00 Wk2 6.00 THORPE. PERIC ~ Wk1 6.00 5.00 12.00 Wk2 23,00 WE APPRECIATE YOUR BUSINESS! I;:~~~x:( xxxxxxxxxx PKC.8006.211 Ill) ~... -. "i.-"""'lII PINKERTON ~ ;.- SECURIlY & INVESllGATION SERVICES ------ Se~vic.'Addre9S ------- ROADWAY EXPRESS 100 RQADWAY DRIVE CARLISLE, PA 17013- ------ Billing Addres. TOM SMEDLEY ROADWAY EXPRESS 100 ROADWAY DRIVE CARLISLE, PA 17013- IMlcrCE Plgl; & IJ f 6 '"vol.o No.: 598496 InvoleoAmount: 519, 745. 25 Invol.o Dolo: 04-15-94 CU.nl Coda: 112261 Rllp. C.nlor No.1 A:38531 CUont P.O.: For inquiries, call: 717-234-4b4~ ITlAU.'............_ '_'001_......,.........'011."....."....... I Fed. TuID: 13-5316100 "'1CCtUI~I..thI'...of 1.I"4pttmonlhCM'm&llmum.lIowtdbf.... Dun. Br.datreet ID: 06-664-29 19 FOR SECURITY SERVICES 04-02 THRU 04-15-94 Tue 4-5 4-1~ Sun 4-3 4-10 Man 4-4 4-11 Wed 4-6 4-13 NAME Sat 4-2 4-9 WELCOMER, SHAWN H Wkl 6.00 5.00 6.00 Wk2 01 ALl, ABDINASIR M Wkl Wk2 Thu 4-7 4-14 Fri 4-6 4-15 01 - " EMIT~'ANCE h ~ Involeo No.::' 98498 '"vol.oAmounl:519, 745. 25 I"vol.o D"'0:04-15-94 CUontCoda: 112261 n..p. Conlo, No.: A 38531 I M.lI Plym.nllnd Ihle Almln.ne. To; r. O. ~OX n47 DEPT e:C:56 FHILf-OELPHIA PA ,9170-8256 I, I' , ! , f BILLING HOURS REG P. T. D. T. AMOUNT 17.0C- 146.00 Reg Hrs ~ 510.000 1,460.00 6.00 24.00 6.00 ALLEMAN, PHILLIP A Wkl Wk~ 12,00 6,00 12.00 12.00 12.00 12.00 BOWMAN, MARK HAU Wkl Wk';: 12.00 6.00 6.00 6.00 BREWTON, MARIO G. Wkl Wk2 18.00 18.00 BROWN, DONALD E. Wkl 12.00 Wk2 9. 50 14. i~ 1. 50 CHAMBERS, AARON L. Wkl Wk2 6.00 6.00 COBLE, DWAYNE 5 Wkl WE APPRECIATE YOUR BUSINESS! "'kC M,O'd ~ "'1' 36.00 18.00 48.00 18.00 12.00 36.00 12.00 ~5.75 12.0Q . '- -.' , . TOTAUClCliX ;O:XXX X:O:;O .-I......u ... ... PINKERTON' ~,., SECURIlY & INVESTIGATION SERVICES INVOICE PIII'I: 3 .,1' 6 l"yolCl No.: 5C?S498 InyoIClAmou"l: 519,745,2:; InyolCl Dlto: 04-15-94 CIII"ICOdo: 112261 Rllp.Contl,No,: A38531 Clllnt P.O.: REMITTANCE ------ Service Add~e9s ------- l"yolCl No.::; 98498 InYOI.IA""",nl:519, 745,25 I"YOI.. D.to:04-15-94 CII."t COdo: 1 12261 Rllp. c."II' No.: A 38531 ROADWAY EXPRESS 100 ROADWAY DRIVE CARLISLE. PA 17013- ------ Billing Add~e9s TOM SMEDLEY ROADWAY EXPRESS 100 ROADWAY DRIVE CARLISLE, PA 17013- I "aU Paymlnland Ihll Rlml"lnc. To: F.Q, BOX 7247 DEPT 6256 PHILADELPHIA PA 19170-8256 For inquiries, call: 717-234-4642 I .13-5318100 1 llAUS: Ntt dill upon receipt. '''''*'' nol receMd by' 1M Hlh"" aft., dale 01 Invoke Fed. Tax ID. wtIIKCNtlnlttntllthlrlt.ofU'permonltlormllll""'mlllowMby.... Dun' Brldll'HtID: 06-664-2919 1_ FOR SECURITY SERVICES 04-02 THRU 04-15-94 BILLiNG HOURI: NAME Sat Sun Mon Tue Wed Thu Fri REG P. T. D. T. AMOUNT 4-2 4-3 4-4 4-5 4-6 4-7 4-8 4-9 4-10 4-11 4-12 4-13 4-14 4-15 Wk2 12,00 6.00 12.00 30,00 COULTER, MELISSA A Wk1 6.00 12.00 12.00 30.00 Wk2 12.00 13,00 6.00 6.00 6.00 43.00 EUBANKS, RAYMOND B Wk1 Wk2 6.00 12.00 12. 00 EVANS. CYRUS A Wk1 6.00 6.00 6.00 Wk212.00 13.00 12.00 6.00 FERGUSON. .JEFFREY L Wkl Wk2 7, 50 30.00 18.00 43.00 7, 50 HASSINGER, TERRY L Wk. Q.OO 12.00 Wk2 12.00 12.00 12,00 12.00 6.00 16.00 54.00 HAYGOOD, ROBERT Wk1 Wk2 12.00 12.00 24.00 HEFFELFINGER. .JACK E. Wk1 Wk2 12. 00 12. 00 HOSLER. LARRY LEE Wkl \VE APPRECIATE YOUR BUSINESS! , TOTALx KlC( X X X X :cc.. XX X fll/J:: 1'100<;' ,~ 'I \, " t. """ ..........:.-- . ,i.-,.~ PINKERTON' ~ ..- SECURITY & INVESTIGATION SERVICES INVOICE Pig.: 4 I)'" 6 Invoice No.: ~c:g498 Invoice AmoU"I: $19, 14~, 25 l"vol..D.II: 04-15-94 Cn.nt Codo: 112261 Rllp. C.nler No.: A:;e ~31 CUenl P.O.: il E/1ITTANCE ------ Service Address ------- Invol.e No.: 'J 98496 Invol.eAmounl:$19, 745. 25 Invol..Delo:04-15-94 Cnenl Code: 1 12261 Reep, C."I.. No.: A 38531 ROADWAY EXPRESS 100 ROADWAY DRIVE CARLISLE. PA 17013- ------ Billing Address TOM SMEDLEY ROADWAY EXPRESS 100 ROADWAY DRIVE CARLISLE, PA 17013- Mill Plym.nt Ind thl. R.mlnl"e. To: F,O. BOX 1247 DEPT 1:1256 FHIL..CELPHIA PA 19170-6256 For inquiries. I nRUS: Net due upon rec.lpt "rmenl nol fecltvtd by "" Hen d'y anet dill ot IIWOIC. I wUl 'cc""Inl.,.., at eM ,at. 01 t.l~ pet month or Il\lllmum .llawed by law. ~all: 717-234-4642 Fed.TuID,13-5318100 Dun. arodelreet 10: 06-664-2919 FOR SECURITY SERVICES 04-02 THRU 04-15-94 E ILLING HOURE NAME Sat Sun Mon Tue Wed Thu Fri REG P. T. D. T. AMOUNT 4-2 4-3 4-4 4-5 4-6 4-7 4-6 4-9 4-10 4-11 4-1;;: 4-13 4-14 4-15 Wk2 12.00 12.00 MARTIN. DAVID R Wkl 6,00 12. 00 18.00 Wk2 12.00 12.00 12.00 12.00 6.00 6.00 60.00 MARTZ. SINH T Wk1 a.oo 7.0V 10: .;0 25.00 Wk2 12.00 8,00 8.00 12.00 40.00 OSIPOV. KAREN E Wk1 Wk2 12.00 12.00 12.00 12.00 12.00 9.00 21. CO 48.00 PAGAN. JOEL Wkl Wk2 2.00 16.00 18.00 PHILLIPS. SHAWN E Wk1 Wk2 6.00 12.00 6.00 24.00 PUTNAM JR. RICHARD A Wk1 l~k2 12.00 12.00 REICHENJBACH. CHAO J Wk1 Wk2 8,00 8.00 12.0C' 8.00 ;;:0.00 ROIlERTSON. EUL~ Wkl WE APPRECIATE YOUR I3USI\JESS! I TOTALXXXX XXXXXXXXXX PI<C ';(;'~" ~ I" 'U' - . ,....'.~ PINKERTON' ~ ~ SECURIlY & INVES1lGATION SERVICES INVOICE Plgo: 5 of 6 In,ole. No.: 598498 In,oleoAmounl: $19.745.25 11I,01eo Dlto: 04-15-94 Clllnl Codo: 112261 RO.p.CllllorNo,: A38531 CII.nl P.O.: REMITTANCE In,oleo No.: :; 98498 In,oleo Amount: $ 19, 745. 25 In'OleoDlto:04-15-94 CllontCaclo:l12261 Rtlp. COnlor No.: A 38531 ------ Service Addre55 ------- I ROADWAY EXPRESS 100 ROADWAY DRIVE CARLISLE. PA 17013- ------ Billing Addre55 I Mill Payment and thl, R.mlttanc. To: r, O. BOX 7247 DEPT 6256 FHILADELPHIA PA 1917C'-8256 TOM SMEDLEY ROADI~AY EXPRESS 100 ROADWAY DRIVE CARLISLE, PA 17013- For inq,uiries. I nRMS: Net due upon fteflpt. Payment nol fKllnd by 1M 30th dl, .ft.. Uti 01 Invoice I wdl.eeRle Inlefnt .1 1M ,ate 01 1.1" pet' month 01 mAllmu," .Iiowft by.... call: 717-234-4642 F....T..ID: 13-5318100 DUll & Brad.lreIIID: C'6-664-2919 '_ FOR SECURITY SERVICES 04-02 THRU 04-15-94 BILLING HOURS NAME Sat Sun Mon Tue Wed Thu Fri REG P. T. D. T, AMOUNT 4-2 4-3 4-4 4-5 4-6 4-7 -'-8 4-9 4-10 4-11 4-12 4-13 4-14 4-15 Wk2 12,00 12.00 12.00 12,00 48,00 ROLAND. DARNELL A Wkl 12.00 12.00 12,00 36.00 Wk2 18.00 24.00 14.00 56.00 RUTKOWSKI .JR, TIMOTHY O. Wkl Wk2 12.00 12.00 12.00 12,00 48,00 SCOTT, TIMOTHY A. Wkl Wk2 6,00 6.00 THORPE, DERIC .J Wkl 12.00 12.00 12,00 6.00 42.00 Wk2 6.00 12,00 12. 00 12. 00 12.00 6.00 60.00 TURNISTA, ANDREA C Wk1 :'.00 12,00 12.00 30.00 Wk2 12.00 12.00 6.00 6.00 6.00 42,00 WADDELL SR, HAROLD L Wkl 8.00 8.00 8.00 24.00 Wk2 9. lJO 10.00 10.00 29.00 WEIRETHER. .JON Wkl 12.00 12. 00 24. 00 Wk2 12. 00 12.00 12, 00 36. 00 WELCOMER. SHAlm H Wkl 12. QC 1:2.00 12.00 6, QO 42.00 WE APPRECIATE YOUR BUSINESS! TOT~~XXXXXXX~xxxxx "I(C I!COfl ~ 17 ')]1 l;i~I'-' ~. ,.....~ 'PINKERTON' ~ ;.- SECURllY & INVESTIGATION SERVICES INVOICE P.ge: 6 oJf 6 IlIvoleoNo.: 598498 Invol.IAmoulIl: $19.745.25 IlIvol.IDlle: 04-15-94 CII.III Code: 1 12261 nlOp. CllllorNo.: A38531 Clllnt P.O.: REMITTANCE ------ Service Address ------- IlIvoleo No.,;' 913498 IlIvol.IAmoUIII,$19. 745. 25 ,llIvol.1 Dole: 0 4-15-94 Clllnt Code: 1 12261 nllp. Cllllt, No,: A 38531 ROADWAY EXPRESS 100 ROADWAY DRIVE CARLISLE. PA 17013- ------ Billing Address TOM SMEDLEY ROADWAY EXPRESS 100 ROADWAY DRIVE CARLISLE. PA 17013- I Mill Plymlnt Ind thll Rlmlttlne. To: F,O. BOX 7247 DEFT S256 FHILADELPHIA PA !9170-8256 For inquiries. call: 717-234-4642 I I Fl' 13-5318100 TlRMS: Net dill upon lee_ '"",enl nollKeIYfd by"" HI" d.y .ftlf dIIlt of Involc, ed. Tn D. ...1 1CCnIt........laI the r," 01 t.l% per motlthOl mallmum.11oMd by"'. Dun I Brad,t'HIID: 06-664-2919 ... FOR SECURITY SERVICES 04-02 THRU 04-15-94 a ILLING HOURE NAME Sat Sun Mon Tue Wed Thu Fri REG P. T. D. T. AMOUNT 4-2 4-3 4-4 4-5 4-6 4-7 4-8 4-9 4-10 4-11 4-12 4-13 4-14 4-15 Wk2 WERTZ. ..JOHN Wk 1 Wk2 12.00 12.00 18.00 6,00 24.00 24.00 02 02 1404.25 Re~ Hrs Q $13.000 18. 25B.25 VEHICLE COMMUNICATIONS 20.00 10.00 WE APPRECIATE YOUR BUSINESS! T()TAL;.;. $19,745,2': PM;C tlOO6.11.'n f ~.,.. :;:-l0.1l :0 P,Q1 ,,"FP-26-1"'''-l OS:':'1 FFOII B I - F,,"' "" TO BUCHANAN INGERSOLL PROFESSIONAL CORPORATION Vartan Parc, 30 North Third Street, Harrisburg, Pennsylvania 17101 Facsimile Number (717) 233-0852 'I'H1S MP.SSAOE IS INTIiNDED ONLY FOR THE USE OF THE INDMDlIAL OR ENTrT'Y TO WHICH tT IS AnnRE!SSBD ANn MAY CONTAIN ~RMATrON THAT IS PRIVJLEGMD. CONFlDRN'I1AL ~N1) RYRMPT FROM DlSClnSURliJINDER APPLICABLE I.AW. IP'I'HF. RRADI!R OFnrlS MESSAGE IS NOTTHR INTRNDBQ RECIPIENT. OR TIm EMPLOYEE OR AOENl' RESPONSml.E FOR DBl.I~RINO THR MESSAGE TO TIm INTENDED RECIPIENT. YOU ARE HEREBY NQlll'lbD THAT ANY DISSEMINATION. DISTRlBtmON. OR COPYING OFTHlS COMMUNICATION IS STRICTI.Y PROHlBrmD. IF YOU HA ~ RECErvED THIS COMMUNI- ~ATION IN ERROR. PLEASE NOTIF'V US IMMP.DrATEL Y BY TELEPHONE AND RBTlJRN THR ORIGINAL MFS. SAGE 1'0 US AT TIm ABOVR ADDRESS VIA 'I'HF. H.S POSTAL SERVICE. THANK YOU. FAX COVER SHEET PLEASE DELIVER TIm FOLLOWING MATERIAL AS SOON AS possmLE. TO: Kathv Speaker MacHett, ESQUire No. of Pages: 2 (Name) I (Including cover sheet) cia Monty Crossley, Roadway Express, nc. (CompanylPirm) FAX PHONE # : 240-4130 CLIENTIMATTER #: 30620-0027 CONFIRMING PHONE NUMBER: FROM: DATE: 4-26-94 PHONE NUMBER 717-237-4859 ADDmONAL COMMENTS OR INSTRUCl10NS: RETURN ORIGINALS TO: If you do not receive the designated number of pages. or if you experience any probl transmission of this document, please ca1l our fax operotor at 017) 237-4800. Pl.AJN'trFPS EXHIBIT 13 'f/~ .. .~I:'" --- -,~'-" .. . . ROADWAY EXPRESS, INC. HOURS AND EXPENSES TO DATE APRIL 26, 1994 LEGAL SBRV%CES R.ENDBREIl Kathy Speaker MacNett, Esquire Hours - 115.40* X.i.. 175.00 hourly rate $20,195.00 (* Time not included for April 22 -- exact time not known.) Miscellaneous Travel Expenses $ 71.55 (April 8 68.00 (April 18 -- $ 139.55 April 15) April 24) David Collins, Legal Assistant Hours - 46.00. X S 75.00 hourly rate $3,450.00 C* Time not included for April 22.) TOTAL = S23.78J.55 Services for other attorneys, including John R. JOhnson, Esquire, Samuel M. First, Esquire and Paul J. Corrado, Esquire, have not been included. Secretarial and other staff overtime charges may have also been incurrea in the event that there has been unusual demands which could not be accommodated during our normal working hours. Certain of these charges may include an adjustment above cost, for administrative expenses and overhead incurred by the firm to provide the billed service. Costs associated with your representation are also billed. Such costs include, but are not limited to costs of computerized legal research, delivery services, photocopying, telephone and telex charges, and word processing. You will also be billed for the Cost of any necessary travel, filing fees, or any other services provided by outside vendors. THIS IS NOT A BI~L. IT IS AN BSTIMATED COMPILATION OP BOURS TO DATE. TiJTHL P.02 )c. , '.,....;--.:. ,t.",- q.',-' '. 1: a; - I oJ! ~ a; f" W \oil I ~ ;;.1 '''1 q; ~ ..; u . ,. :1 II }i.: " 1 ~ i OJ: - , -..]~ j,~ 1l~ 1;,Z \H C) ., - ;;i;" j",~ .-4 roo ,,, <:I ,h ~ I '~I .... ~~. l?i. 0\ !~? .,..~.,! ...." ,~ll: ~ 1, ," :.l' en ,~,l;",,,"', , , ::~~~r'V~:'.:;',:'; ;t ~1~ ',,'i "",t}F, ~ (,;t ~:, H'7 ~~ Z"",\ '-'- 4",_ CC'. :",' "~'. i-~~ 1;' ). .~ ;\: '.'~ ;;:' .r-, '.~: )0' " .. If e'l ~ ,,,1 Q\'- , .;.".. "'~ ~:.}~ ~:~! :,' ....; :" ;, it. ' :,~ ~t 1;\ C;l :-,'(;:? :~-t_~i '4: .'1. ~.,~ $ '.t, ~, -i''',f..' ...J-;> ::e:l"';" a:~;-,' 0, fO, !~-A LL.'~ r" VJ" \-t_ ~'C" ,'G) ...'. :g <~ I- , en:, ili I- i:i: Z.:~ "K w.~ ::: ~o,,;l'.) -I" ,~ a.-' ::. ~;.', ~ ~\; ~ ;,:llt g ". ~ -"i~ '::,' :~, 1C ." \. U. ,~ .;.a ':;'~ i3 ;...'c( 't *~ ') ~~.;. '~ ";; ~ ,:); ',. ':$: ':t or. 'J: 0'-1' "'I 31 ... ~ "--~. : ~*~'l.' 1;: o U l- ll) :s u. o '" u < CD W " i= · Z o w cc < ~ ,CC ,vo l<1:;; 'x I- '" 'Z ;: w -' Q. ~ o "u ~~ 15~'I5.t1~ ul\'" u~, - l~ t"'~' ti O. i'cP '.1:J '. ,-'. ,i~ ..'1 V) . .z 'i- I] 1 d " A .'.1 ~ " ' ",..1-. ' I "I.' .:' . . ....., 1,,"," ','....:...~....". """'" ' ll''-~ll'l7l''T!r'':'~lf.\:Ii-\KtI'itJ~:, '" '" .... ..: t; ;,: q; ... In q; IJ '=' ... U ~~ ..J -4' In I -4' ... I ... ~ /. " .~ .;0 U I- ,,~ -' u. o " u ~ w ~ Z o w a: ',0( ::; '~a: ~ 0 u. '" 1: I- el 1 z ;'t= ~tw .;~ ':l; ('0 .,'0 ~la: .....0 ,_.U,. "'" 'i','z ,tJQ .."... ., l~' g :f ~ a: ..... ;;:'''' :;fZ 11- , .. '. ! .,.. . COMMONWEALTH OF PENNS~LVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA 17123 04/25/94 941156606080666 001 DAVID COLLINS BUCHANAN INGERSOLL 30 N 3RD STREET HARRISBURG PA 17101 CERTIFICATION OF ATTESTATION I hereby certify that William A. Woodward, Manager, Receiving Section of the Bureau of Motor Vehicles of 'the pennsylvania Department of Transportation, is the legal custodian of the Motor Vehicle records of the pennsylvania Department of Transportation. IN TESTIMON~ WHEREOF, I HAVE HEREUNTO SET M~ HAND AND SEAL OF THIS DEPARTMENT ON THE ABOVE DATE IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, Pa. Consol- idated Statutes. ~1 fv.<<J" t HOWARD ~ERUSALIM SECRETAR~ OF TRANSPORTATION I hereby attest that the document or documents listed below and attached hereto are full, true and correct photostatic and/or microfilm copies of documents of which I have legal custody, and that the copies conform to the re- quirements of Section 6109 of the Judicial Code. VIN: lFTEX15N2PKB995l5 TITLE: 46778154 MAKE: FORD YEAR: 1993 OWNER NAME AND ADDRESS: JOHN W & BETT~ J EICHOLZ, 25 REGENC~ SOUTH, CARLISLE PA 17013 AS PER ATTACHED PRINT OUT. -<0. J ." ~>, dA!.....'.. ~ht~2~W8 ' j t/f)S ~;l}:a~, .o'<"-/' ~r" ~ :.... .. . IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL ON THE ABOVE DATE, IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE. ;,;II.,,~,~_, ..:1 ~~......,.-€ WILLIAM WOODWARD MANAGER, RECEIVING SECTION BUREAU OF MOTOR VEHICLES ;~~!'I::f1(_:'T _F~~~': i.- ~~'>L~h:- .. . .- C7507610 2MV07611 .. Info Sales vehicle Inquiry Detail V3002031 4/25/94 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT APRIL 25, 1994 OWNER JOHN W & BETTY J LESSEE : EICHOLZ 25 REGENCY SOUTH CARLISLE PA 17013 Title 46778154 Title Date . l2/08/93 . Tag . YR03714 Reg Expire . 05/95 . . VIN lFTEX15N2PKB99515 Body TK Make FORD Model Odometer 000116 Renew WID 94110 3904 062073 002 Odom Qual Est. Wid 93333 0015 005050 001 Duplicates prev Tag Year 93 Encumb YES Stolen Date Stop Codes . . 17-LIST l5-RETURN 16-NOTEPAD 18-LIENINFO 19-WIDHIST tISC,' .....-- .~~. W " "PLAINnFFa .1,'..' ,':, .,;'; EXHIBIT,~: .. - . \ ....... COMMONWEALTH \. ':j~NSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING HARRISBURG, PA l7123 04/25/94 1- DAVID COLLINS BUCHANAN INGERSOLL 30 N 3RD STREET HARRISBURG PA 17101 941156606080678 OOl CERTIFICATION OF ATTESTATION I hereby certify that William A. Woodward, Manager, Receiving Section of the Bureau of Motor Vehicles of the Pennsylvania Department of Transportation, is the legal custodian of the Motor Vehicle records of the Pennsylvania Department of Transportation. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT ON THE ABOVE DATE IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, Pa. Consol- idated Statutes. ~.tlM_l ~ ~H ,,-t~ HOWARD YERUSALIM SECRETARY OF TRANSPORTATION I hereby attest that the document or documents listed below and attached hereto are full, true and correct photostatic and/or microfilm copies of documents of which I have legal custody, and that the copies conform to the re- quirements of Section 6109 of the Judicial Code. VIN: 1G2NE143Y.PM585341 TITLE: 46106755 MAKE: PONTIAC YEAR: 1993 OWNER NAME AND ADDRESS: DAVID L KOZLOWSKI, PO BOX l82, CARLISLE PA 17013 AS PER ATTACHED PRINT OUT. L.......~,};,..., , Ie' __' ".~ ~_c. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL ON THE ABOVE DATE, IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE. .1/ ,J'-;;' ."/" ~ /" '.,C.'t-"__l .-, - ~...",...,......"cC-4'ooL(.~ WILLIAM WOODWARD MANAGER, RECEIVING SECTION BUREAU OF MOTOR VEHICLES C7507610 2MV07611 .. .... Info Sales Vehicle Inquiry Detail V3002031 4/25/94 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT APRIL 25, 1994 OWNER DAVID L KOZLOWSKI POBOX 182 CARLISLE PA 17013 LESSEE : Title 46106755 Title Date 05/07/93 Tag HAC010 Reg Expire . 02/95 . VIN 1G2NE143XPM585341 Body . CP . Make PONTIAC Model GAS Odometer . 000015 . Renew WID 93350 3904 042990 001 Odom Qual . . Est. Wid 93118 0059 006319 001 Duplicates . Ol . Prev Tag Year . 93 . Encumb YES Stolen Date . . Stop Codes l7-LIST l5-RETURN 16-NOTEPAD 18-LIENINFO 19-WIDHIST _-:~;.. INSTRUCTIONS FOR PICKETERS AT THE ROADWAY PICKET LINE I. Continue operating the picket line straight across the highway just as you have been doing all along. Do not break the line for incoming or outgoing vehicles. Do allow vehicles to pass when the end of the line clears the traffic lane. Ensure that no more than forty (40) picketers remain at or near the immediate area of the picket line. Maintain the 4 1/2 feet spacing between pickets. Be eareful not to "bunch up" when an unusual event occurs. These rare occurrences become photo opportunities for Roadway. 2, Do not engage in any type of picket line violence. Even though you mayor may not actually get caught. most judges are going to attribute incidents which occur on a picket line to an un- known picketer. These events will weigh heavily in his decision to issue additional limitations to our picket line or place other restrictions or penalties on the Union. Picket line violence is not a solution to this labor dispute. 3. Do not verbally abuse, threaten or harass the Roadway office staff. Many of them have tele- phoned us and explained that they support our cause, but know they will be fired if they do not report to work. 4. Do not have more than one picket line along Roadway Drive at anyone time. Picketers should not stop vehicles at the northern (ABF) end of Roadway Drive if the primary picket line is on the southern end of Roadway Drive at its usual location. 5. Do continue to cooperate with business persons who have freight stranded on the Roadway dock. First, politely request that they respect the picket line; however, if they insist that they must cross the line because of a threat of discharge or other reasons, tell them you understand their difficult position. Tell them you can guarantee a "hassle free" trip in and out of Roadway providing they are picking up their own freight and they agree to allow us to inspect their eargo bo'5 inbound and outbound. If an agreement is reached and complied with, extend them the maxi- mum amount of politeness and courtesy. If they do not agree or later choose not to honor the agreement, exercise our lawful rights as described in paragraph 6 and 7 below, DO NOT THREATEN, HARASS, TOUCH OR HARM THEM. DO NOT TOUCH OR HARM THEm VEHICLE. Do 1/O! make implied threats. 6. Do continue the escort service down Roadway Drive for those individuals who do not cooper- ate with the inspection process. Use five or six picketers to accomplish this task. Ensure that the picketers remain no less than 4 1/2 feet apart while making the trip. The escort service should proceed at a "casual pace" rather than the "baby step pace" previously practiced. IQ verv important that all other picketers who remain at the nonnal picket line location stav off the paved Dortion of the road and do not engage in picketing. 7. Ambulatory pickets should intercept the uncooperative individual at the end of Roadway Drive. They should read and follow the instructions titled PROCEDlIRE FOR AMBlI/.A T()JlY PICKETING OR HOW TO F()J.WW A SCAB WHO CROSSED THR PICKET I./NE. ~D~"i ' ;i';;',(p...,.DAN'rS 1",,,-, ,~IBIT"" ;;-'t"'?"J' '":: '- .:ilw::......,'-'. .. .' }~:J:':.::+'~,.' '-.' .': . Ch"rles Shl/Khar! /J"silles.~ AKe/ll DO carry "ON STRIKE" signs which renectthe company involved in the labor dispute. The signs should also read "NO OTHER EMPLOYER INVOLVED'. DO follow the (scab) vehicle at a safe distance and obey all traffic laws. DO set up pickets with "ON STRIKE" signs at every business or location the vehicle enters for the purpose of delivering freight or picking up freight. DO maintain a written or voice recorded log of the events which occurred during the day. If possible use a video recorder to capture the events. DON'T harass. threaten or make any physical contact with the scab driver or passenger. DON'T damage or make any physical contact with the scab's vehicle. DON'T enter onto the private property where the scab vehicle enters to make a delivery. Picket at the gate or entrance to the location. There is no need to picket at a Burger King or other lunch establishment. Instead. you might join the scab for lunch and take the opportunity to explain the issues involved in the strike. Do not engage in a confrontation with the scab, threaten or harass him/her. DON'T argue with the police about your lawful right to ambulatory picket. If you encounter police problems contact a representative of the Local Union or obtain the name, badge number and depanment information about the officer. THIS LOCAL UNION DOES NOT CONDONE ANY TYPE OF PICKET LINE VIOLENCE. WE KNOW THAT BY WORKING TOGETHER WE CAN CONDUCT AN EFFECTIVE STRIKE WHICH IS ALSO WITHIN THE PARAMETERS OF THE STATE AND FEDERAL LAWS. THOSE INDIVIDUALS WHO TAKE IT UPON THEMSELVES TO ENGAGE IN VIOLENCE OR OTHER UNLAWFUL ACTS DO NOT PROMOTE OUR CAUSE. Charll!s SIll/Khan 8I1.1';III!,\:\' AKI!III ,DEFENDANT'S I: ~IBIT I l r \ -i f ....'. ~ .. . . , ROADWAY EXPRESS, INC., Plaintiff IN THB COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PBNNSYLVANIA CIVIL ACTION - EQUITY v. CHAUFFBRS, TEAMSTERS AND HELPBRS, LOCAL UNION NO. 776 OF THE BROTHERHOOD OF TBAMSTERS AND THOMAS B. GRIFFITH, PRESIDENT, JOHN AND JANB DOBS, INDIVIDUALLY, : Defendants : 94-1782 EQUITY TERM ORDER OF COURT AND NOW, this 12th day of April, 1994, a Rule is issued on the Defendants to show cause why the relief requested in the attached motion ought not to be granted. RULE returnable at a hearing scheduled for Wednesday, April 13, 1994, at 1: 30 p.m., in Courtroom No.4, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, -A/L Kathy Speaker MacNett, Esq. 30 N. Third Street Eighth Floor Harrisburg, PA 17101 Counsel for Plaintiff J. :re 4PR IZ 4 19 PH '9~ . ,-c,.-,lH.CE t'f f'oj i'"":iHCHnAfiY CUM!.l~r:~!;'iO t;c;,l,ry I'[NI/'ifL~I'H'A . k::....~::~'.i...~~-~.Ml hv?' \1 1.\ 1." y~ '~I\ ',~ ~ \C \:.. \'. . . t\;.',~'.'~ :.h'f 'r,l~'.'- ,~..,n\ c,:,'I"~ ;'d\~~.:n ,:.\\t. ~ :l ~ ! Ih~! ! II~hIE I" III I . ~ p ~ II (}"'-" 'APW 12 J9EH COURT OP COMMON PLEAS COMIlBRLAHD COOH'l'Y COMMONWEALTH OP PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIPP, V. CHAUPPBRS, TBAMSTBRS AND HELPBRS, LOCAL UNION NO. 77 6 OP TBB BROTHERHOOD OP TBAMSTBRS AND THOMAS B. GRIPPITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DBPENDANTS. I I I DOCKET NO. 94-1782 Bquity Te~ I I I I I I I I MOTION FOR ENFORCEMENT ORDBR TO THE HONORABLE JUDGES OF SAID COURT: Roadway Express, Inc., by and through its attorneys, Buchanan Ingersoll Professional Corporation, hereby moves this Court to enter an Order enforcing the Order of Court of April 8, 1994, upon the following grounds: 1. On Friday, April 8, 1994, after presentment of a Complaint, affidavits and the posting of security in the amount of Five Hundred Dollars ($500.00), this Court issued a Consent Order against the named Defendants and all other parties acting in concert with them and set April -' 1994, at a.m./p.m. as the date and time for a hearing on the enforcement of the Consent Order. A true and correct copy of the said Consent Order is attached hereto, made a part hereof, and marked as Exhibit "A". 2. At the time the Consent Order was issued, counsel for Chauffers, Teamsters and Helpers Local 776 Union ("Local 776"), and Ronald Tomasko, Esquire of the firm Ira H. Weinstock, P.C., was present in the Courtroom and was made aware of the contents of the said Consent Order. True and correct copies of the said Consent Order were served on Defendant Chauffers, Teamsters and Helpers, Local Union No. 776 of the Brotherhood of Teamsters and Thomas B. Griffith, President, Individually, and John and Jane Does, Individually, all individually and as Trustees ad litem on April 8, 1994. Service was accepted by counsel to Local 776. 3. Plaintiff has reproduced true and correct copies of said Consent Order that have been served on the pickets at or near Plaintiff's facilities, but the persons and pickets acting in concert with them have refused and continue to refuse to obey the terms of the said Consent Order. 4. Since April 8, 1994, Plaintiff has continually demanded of Defendants and all persons and pickets acting in concert with them that the terms of said Consent Order be obeyed. 5. The Defendants and others acting in concert with them have violated and have shown their intent to continue to violate the Consent Order issued on April 8, 1994, by the following actions: a. At or about 10:45 a.m. on April 9, 1994, the Defendants and others acting in concert with them caused and permitted approximately fifty-four (54) pickets to mass at and near the entrances to Plaintiff's facilities located at Roadway's Carlisle facility, Middlesex Township, Cumberland County, Pennsylvania, and walk across Roadway Drive; -2- J ; , , b. During the morning hours, from approximately 10:00 a.m. to 12:00 p.m., on April 9, 1994, pickets walked in a loop across Roadway Drive in express violation of the Consent Order; c. At or about 12:00 p.m. on April 9, 1994, approximately forty (40) pickets' cars parked in the emergency turnaround location in violation of the express language contained in the Consent Order prohibiting parking within 100 feet of the area; d. At or about 12:30 p.m. on April 9, 1994, a Federal Express vehicle stopped and pickets circled that vehicle blocking it from entering the Roadway facility in express violation of the Consent Order; e. During the mid-afternoon of April 9, 1994, a picket, identified as Bob Weakland, began using a large mirror to harass security guards and management personnel; and, f. At or about 5:40 p.m. on April 9, 1994, a picket's car was parked in the emergency turnaround in express violation of Section 6 (a) of the Consent Order; g. At or about 7:59 p.m. on April 9, 1994, pickets shined spotlights in the eyes of security personnel for Roadway; h. At or about 9:30 p.m. on April 9, 1994, pickets numbers forty-one (41) on line and twelve (12l more in area; i. On April 10, 1994, Augie Tokis, a Roadway striker who is approximately 6'4", carried a waist-high stick on the picket line through most of the day; j. At or about 7:15 a.m. on April 11, 1994, a truck pulled into Roadway Drive with an ASF trailer. Two individuals -3- o. At or about 10:00 a.m. on April 11, 1994, pickets formed a line and would not allow a Verbose truck to proceed normally toward Route 11. Pickets formed a line and walked very slowly in front of the tractor trailer. The activity of the pickets significantly slowed the progress of the tractor trailer between the Roadway Carlisle facility and Route 11; p. At or about 10:08 a.m. on April 11, 1994, a Leslie Faye truck driver backed his vehicle away without entering the facility after pickets crowded around his trailer, and a Union leader talked to the driver; q. At or about 12:00 p.m. on April 11, 1994, Chuck Shughart approached a Miller Trucking tractor trailer driven by -4- stopped the trailer and talked to the pickets. The trailer did not proceed into the facility; k. At or about 7:30 a.m. on April 11, 1994, there were a total of sixty-three (63) pickets on Roadway Drive; l. At or about 9:10 a.m. on April 11, 1994, fifty- nine (59) cars were parked on Roadway Drive; m. At or about 9:30 a.m. on April 11, 1994, a total of one hundred ten (110) picketers were on Roadway Drive; n. At or about 10:00 a.m. on April 11, 1994, Sheriff Tom Kline and Chief Sherman told Roadway representatives that they had received a report of C-4 explosives strapped to a diesel tank. Roadway maintains a one million gallon tank close to the area of the picketing. The report indicated that the explosives would explode at 11:00 a.m. Rupture of that tank would cause extreme damage and would cause the spill of a hazardous substance; . Stephen Batalka, and talked to Batalka. Shughart required Batalka to open the back of the truck so that he could look in. Shughart also told him that he wished to examine the contents after the driver picked up his load; r. While the tractor trailer was proceeding toward Route 11, pickets hollered, "People will follow you wherever you go when you get to Route 11" (or words to that effect). Pickets also chanted "scab," called the driver a low life and said they hoped he could sleep at night. Charles Shughart also screamed "It is going to be a long day, buddy, a long day;" s. On April 11, 1994, pickets massed and formed a line that blocked the exit of the same Miller Trucking tractor trailer. Pickets moved down Roadway Drive in front of the tractor trailer until it reached the area of Carlisle Trucking. As a result, it took approximately 45 to 50 minutes for the tractor trailer to proceed from the gate area to Route 11; t. Once the tractor trailer reached Route 11, Steve Hockenberry, a Union member and striker, followed the tractor trailer. He stopped and took video of the tractor trailer, which had been stopped by the police; u. During the afternoon of April 11, 1994 and other occasions, technical violations were also observed. Pickets were sometimes two deep. Pickets were not spaced 4.5 feet apart as they walked, as required by the Consent Order. Pickets were close enough to be holding hands. Pickets' cars were parked within 100 feet of the turnaround. Two pickets held and shined mirrors at security and management to impede videotaping of the unlawful interference with the Miller Trucking tractor trailer; -5- . . v. At or about 3:11 p.m. on April 11, 1994, a truck was proceeding toward Route 11 until pickets blocked him. The driver, Ian Peters, tried to proceed throughout the gap in the line. Andy Reiley, a picket, blocked the truck and pushed on the truck and banged on the hood. Peters, a Roadway maintenance worker, then backed toward the gate area (the gate area is closest to the Roadway buildings at the opposite end of Route 11 from Roadway Drive) at a slower speed, and traveled a distance of about 50 to 75 feet. Mr. Peters stopped because Mr. Reiley was saying that Mr. Peters had better not injure him in any way. At this point Mr. Reiley hollered for additional help. Pickets threatened Peters by stating that the would bust his "fucking head open;" w. At or about 3:00 to 4:00 p.m. on April 11, 1994, two (2) customers individually reported to me as they entered the facility that they were intimidated by the requests to search their vehicles. One woman was from Ascot Enterprises. The second woman, who was accompanied by her infant child, was from Thomas Marie Toll, and was visibly upset and exhibited stuttered speech and kept looking around; x. On April 11, 1994, a picket had a stick without a picket sign; y. Throughout the day on April 11, 1994, pickets routinely asked drivers of incoming trucks or vans to honor their picket line, and interrogated drivers as to the type of commodity they were picking up; z. At or about 7:45 a.m. on April 12, 1994, Linda Young approached the picket line and pulled behind a little metal -6- r"t"~."-.",.,,,,'-y:~:'1 truck. She then heard the pickets yelling behind her, so she looked in her rearview mirror. She saw the men looking like they were going to walk in front of a little silver car (Wanda Garman). They were yelling at Ms. Garman loud enough that she heard them with her windows up and her radio on; aa. At or about 7:45 a.m. on April 12, 1994, Local 776 had a gray van stopped in the lane of Wanda Garman. The car in front of her started to go around the van and Ms. Garman followed. They were travelling very slowly. That is when Local 776 started to shout at them. Some of the comments were "slow down," "you scabs," and then the one man gave them "the finger." Another man made moves like he was going to cross in front of Ms. Garman's car, at which time she had to apply the brake; and, ab. Those other instance(s) as are described in Exhibit "A". 6. Defendants and others acting in concert with them have shown no intent to comply with said Consent Order. Wherefore, Plaintiff moves this Court to enter an Order for enforcement of the Consent Order issued on April 8, 1994, and respectfully requests that all costs of enforcement be assessed against the Defendants. thy UC AN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third St., Eighth Floor Harrisburg, PA 17101 Phone: (717) 237-4808 Counsel for Plaintiff, Roadway Express, Inc. Date: April 12, 1994 HBG042:C:IWPSIISTRIKEIENFORCE.MTNISMO - 7- " ~ ROADWAY BXPRESS, INC., Plaintiff v. CHAUFFERS, TEAMSTERS AND HBLPBRS, LOCAL UNION NO. 776 OF THB BROTHERHOOD OF TEAMSTBRS AND THOMKS B. GRIFFITH, PRESIDBNT, JOHN AND JANB DOBS, INDIVIDUALLY, Defendants " I I I I I I I IN THB COURT OF COMMON PLBAS OF CUMBBRLANDCOUNTY, PBNNSYLVANIA CIVIL ACTION - EQUITY . . I i . . I 94-1782 EQUITY TERM IN REI PETITION TO SHOW CAUSE ORDER OF COURT AND NOW, this 12th day of April, 1994, a Rule is issued on the Defendants to show cause why a citation in contempt should not issue. This rule is returnable and to be heard on Wednesday, April 13, 1994, at 1:30 p.m., in Courtroom No.4, Cumberland County Courthouse, Carlisle, Pennsylvania. Kathy Speaker MacNett, Esq. 30 N. Third Street Bighth Floor Harrisburg, PA 17101 Counsel for Plaintiff :rc BY THB COURT, ,A/~ J. ,..,..,.-~_.,,--, bl\\l 4lil?~'g~ . !.fle\. vF '",~ ou1i10h.n~h' CU"'I:;J~.\~1l c~'\'ol~ \lth}t s '!~'~ ^'t\b. " <. ,~ (. .'0 ,<.. i. < .-.,,;,,,, .. APR 12 ~ 'T ORDER OF COURT AND NOW, this day of ____ day of April, 1994, it is hereby Ordered and Decreed that a hearing on the Petition To Show Cause Why Defendants Should Not Be Held in Contempt of Court is set for the ____ day of April, 1994, at o'clock p.m., in Courtroom No.2, Cumberland County, Pennsylvania. By the Court J. (5J :II L , 12 Ii! ~!: Ii p~il! It:: I~pi i I"J;~ ~ . II! P ~ ~ R ,- . .. "'. . -- 't " .. APR 1 2 199~ t ..' COURT OF COMMON PLEAS COMBERLAND COtJN'l'Y COMMONWEALTH OF PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIFF, V. CHAUFFERS, TEAMSTERS AND HELPERS, LOCAL UNION NO. 776 OF THE BROTHERHOOD OF TEAMSTERS AND THOMAS B. GRIFFITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEFENDANTS. I I I DOCKET NO. 94-1782 Equity Term I I I I I I I I PETITION TO SHOW CAUSE WHY DEPENDANTS SHOULD NOT BE HELD IN CONTEMPT OF COURT To The Honorable JUdges of Said Court: Roadway Express, Inc., by and through its attorneys, Buchanan Ingersoll Professional Corporation, hereby petitions this Court to enter an Order on Defendants to show cause why they should not be held in contempt, and respectfully represents: 1. On Friday, April 8, 1994, after presentment of a Complaint, affidavits and the posting of security in the amount of Five Hundred Dollars ($500.00), this Court issued an Order in joining the named Defendants, and all other parties acting in concert with them. A true and correct copy of the said Consent Order is attached hereto, made a part hereof, and marked as Exhibit "A". 2. At the time the Consent Order was issued, counsel for the Chauffers, Teamsters and Helpers Local 776 Union ("Local 776"), Ronald Tomasko, Esquire of the firm Ira H. Weinstock, : , P.C., was present in the Courtroom and was made aware of the contents of said Consent Order. Said attorney accepted service for Local 776 and its members. True and correct copies of said Consent Order were served on the parties on April 8, 1994. 3. Plaintiff has reproduced true and correct copies of said Consent Order, that have been served on the pickets at or near Plaintiff's facilities, but the pickets and persons acting in concert with them have refused and continue to refuse to obey the terms of the said Consent Order. 4. Since April 8, 1994, Plaintiff has continually demanded of Defendants and all persons and pickets acting in concert with them that the terms of said Consent Order be obeyed. 5. The Defendants and others acting in concert with them have violated and have shown their intent to continue to violate the Consent Order issued on April 8, 1994, by the following actions: a. At or about 10:45 a.m. on April 9, 1994, the Defendants and others acting in concert with them caused and permitted approximately fifty-four (54) pickets to mass at and near the entrances to Plaintiff's facilities located at Roadway's Carlisle facility, Middlesex Township, Cumberland County, Pennsylvania, and walk across Roadway Drive; b. During the morning hours, from approximately 10:00 a.m. to 12:00 p.m., on April 9, 1994, pickets walked in a loop across Roadway Drive in express violation of the Consent Order; c. At or about 12:00 p.m. on April 9, 1994, approximately forty (40) pickets' cars parked in the emergency turnaround location in violation of the express language -2- : , contained in the Consent Order prohibiting parking within 100 feet of the area; d. At or about 12:30 p.m. on April 9, 1994, a Federal Express vehicle stopped and pickets circled that vehicle blocking it from entering the Roadway facility in express violation of the Consent Order; e. During the mid-afternoon of April 9, 1994, a picket, identified as Bob Weakland, began using a large mirror to harass security guards and management personnel; and, f. At or about 5:40 p.m. on April 9, 1994, a picket's car was parked in the emergency turnaround in express violation of Section 6 (a) of the Consent Order; g. At or about 7:59 p.m. on April 9, 1994, pickets shined spotlights in the eyes of security personnel for Roadway; h. At or about 9:30 p.m. on April 9, 1994, pickets numbers forty-one (41) on line and twelve (12) more in area; i. On April 10, 1994, Augie Tokis, a Roadway striker who is approximately 6'4", carried a waist-high stick on the picket line through most of the day; j. At or about 7:15 a.m. on April 11, 1994, a truck pulled into Roadway Drive with an ASF trailer. Two individuals stopped the trailer and talked to the pickets. The trailer did not proceed into the facility; k. At or about 7:30 a.m. on April 11, 1994, there were a total of sixty-three (63) pickets on Roadway Drive; 1. At or about 9:10 a.m. on April 11, 1994, fifty- nine (59) cars were parked on Roadway Drive; -3- : ~ T h t m. At or about 9:30 a.m. on April 11, 1994, a total of one hundred ten (110) picketers were on Roadway Drive; n. At or about 10:00 a.m. on April 11, 1994, Sheriff Tom Kline and Chief Sherman told Roadway representatives that they had received a report of C-4 explosives strapped to a diesel tank. Roadway maintains a one million gallon tank close to the area of the picketing. The report indicated that the explosives would explode at 11:00 a.m. Rupture of that tank would cause extreme damage and would cause the spill of a hazardous substance; o. At or about 10:00 a.m. on April 11, 1994, pickets formed a line and would not allow a Verbose truck to proceed normally toward Route 11. Pickets formed a line and walked very slowly in front of the tractor trailer. The activity of the pickets significantly slowed the progress of the tractor trailer between the Roadway Carlisle facility and Route 11; p. At or about 10:08 a.m. on April 11, 1994, a Leslie Faye truck driver backed his vehicle away without entering the facility after pickets crowded around his trailer, and a Union leader talked to the driver; q. At or about 12:00 p.m. on April 11, 1994, Chuck Shughart approached a Miller Trucking tractor trailer driven by Stephen Batalka, and talked to Batalka. Shughart required Batalka to open the back of the truck so that he could look in. Shughart also told him that he wished to examine the contents after the driver picked up his load; r. While the tractor trailer was proceeding toward Route 11, pickets hollered, "People will follow you wherever you -4- r~"-'.'''~. ~ . . go when you get to Route 11" (or words to that effect). pickets also chanted "scab," called the driver a low life and said they hoped he could sleep at night. Charles Shughart also screamed "It is going to be a long day, buddy, a long day;" s. On April 11, 1994, pickets massed and formed a line that blocked the exit of the same Miller Trucking tractor trailer. Pickets moved down Roadway Drive in front of the tractor trailer until it reached the area of Carlisle Trucking. As a result, it took approximately 45 to 50 minutes for the tractor trailer to proceed from the gate area to Route 11; t. Once the tractor trailer reached Route 11, Steve Hockenberry, a Union member and striker, followed the tractor trailer. He stopped and took video of the tractor trailer, which had been stopped by the police; u. During the afternoon of April 11, 1994 and other occasions, technical violations were also observed. Pickets were sometimes two deep. Pickets were not spaced 4.5 feet apart as they walked, as required by the Consent Order. Pickets were close enough to be holding hands. Pickets' cars were parked within 100 feet of the turnaround. Two pickets held and shined mirrors at security and management to impede videotaping of the unlawful interference with the Miller Trucking tractor trailer; v. At or about 3:11 p.m. on April 11, 1994, a truck was proceeding toward Route 11 until pickets blocked him. The driver, Ian Peters, tried to proceed throughout the gap in the line. Andy Reiley, a picket, blocked the truck and pushed on the truck and banged on the hood. Peters, a Roadway maintenance worker, then backed toward the gate area (the gate area is -5- '.:,. ' ''''''-, "';".,'l;f'.: closest to the Roadway buildings at the opposite end of Route 11 from Roadway Drive) at a slower speed, and traveled a distance of about 50 to 75 feet. Mr. Peters stopped because Mr. Reiley was saying that Mr. Peters had better not injure him in any way. At this point Mr. Reiley hollered for additional help. Pickets threatened Peters by stating that the would bust his "fucking head open;" w. At or about 3:00 to 4:00 p.m. on April 11, 1994, two (2) customers individually reported to me as they entered the facility that they were intimidated by the requests to search their vehicles. One woman was from Ascot Enterprises. The second woman, who was accompanied by her infant child, was from Thomas Marie Toll, and was visibly upset and exhibited stuttered speech and kept looking around; x. On April 11, 1994, a picket had a stick without a picket sign; y. Throughout the day on April 11, 1994, pickets routinely asked drivers of incoming trucks or vans to honor their picket line, and interrogated drivers as to the type of commodity they were picking up; z. At or about 7:45 a.m. on April 12, 1994, Linda Young approached the picket line and pulled behind a little metal truck. She then heard the pickets yelling behind her, so she looked in her rearview mirror. She saw the men looking like they were going to walk in front of a little silver car (Wanda Garman). They were yelling at Ms. Garman loud enough that she heard them with her windows up and her radio on; -6- .- , , aa. At or about 7:45 a.m. on April 12, 1994, Local 776 had a gray van stopped in the lane of Wanda Garman. The car in front of her started to go around the van and Ms. Garman followed. They were travelling very slowly. That is when Local 776 started to shout at them. Some of the comments were "slow down," "you scabs," and then the one man gave them "the finger." Another man made moves like he was going to cross in front of Ms. Garman's car, at which time she had to apply the brake; and, ab. Those other instance(s) as are described in Exhibit "A". 6. Said activity has necessitated numerous trips to the facility by Middlesex Township police and the members of the Cumberland County Sheriff's office. 7. Said activities continue even as this Petition is filed. 8. Charles Shughart, Business Agent for Local 776, has been present during, or has participated in, certain of the incidents, which are described above, violating the Consent Order. 9. Defendants, in an attempt to resolve their violations of the Consent Order without need for additional court intervention, have been reporting the infractions of the Consent Order to either Charles Shughart, or counsel to Local 776. Violations continued. 10. The failure of the Defendants and others acting in concert with them to comply with the Consent Order issued on April 8, 1994, has damaged and interfered with the lawful operations with the limited lawful operation of the Plaintiff, -7- .... '.'""',. . t.',..-'.. . , . and has cost the Plaintiff additional sums of money to have said Consent Order enforced and has caused and will continue to cause irreparable injury to the Plaintiff. 11. Defendants and others acting in concert with them have shown no intent to comply with said Consent Order. 12. The aforesaid actions and conduct of the Defendants and others acting in concert with them were willful, malicious and deliberate violations of the said Consent Order. Wherefore, Plaintiff prays: a. That the Defendants and others acting in concert with them be adjudged in civil contempt of the Consent Order issued on April 8, 1994. b. That a fine of Twenty Thousand Dollars ($20,000.00), payable to the Commonwealth of Pennsylvania for the use of the Plaintiff be conditionally imposed upon the Defendants, Chauffers, Teamsters and Helpers, Local Union No. 776 of the Brotherhood of Teamsters and Thomas B. Griffith, President, and John and Jane Does, Individually, all individually and as Trustees ad litem, with obligation to pay such fine to be absolute and immediate unless Defendants and those acting in concert with Defendants forthwith fully comply with the Consent Order issued on April 8, 1994, and that a further fine of Ten Thousand Dollars ($10,000.00), payable to the Commonwealth of Pennsylvania for the use of the Plaintiff be imposed for each and every day hereafter that the Defendants or those acting in concert with them continue to fail to comply with the Consent Order issued on April 8, 1994. -8- , , c. That the Defendants place Twenty Thousand Dollars ($20,000.00) in escrow with the Sheriff of Cumberland County to cover the costs of the enforcement of the Consent Order issued on April 8, 1994. d. That all terms and conditions of the Consent Order should be obeyed. e. That the Court affirm terms and conditions of the original Consent Order, including interference with the rights of the Plaintiff with regard to the following: 1. That pickets allow unrestricted access at any and all times by Plaintiff's employees, customers, vendors, visitors, attorneys and all other agents to Plaintiff's premises. 2. That pickets break their picket line and allow vehicles to enter and leave the facility. 3. That pickets may only park on one (1) side of Roadway Drive, set back two hundred (200) feet from the turnaround, and the number of cars shall be limited to five (5). 4. That pickets for the ABF facility shall not be allowed to park on Roadway Drive at any location. 5. That no pickets shall be allowed at the emergency crash gate on the South Middlesex Road side of the Roadway facility. This entrance shall at all times be kept free and clear of all picket activity so that it remains available for unimpeded emergency use. 6. That pickets cease and desist from following any vehicle from the Roadway facility. 7. That pickets cease and desist from the demands that drivers open trailers and allow Union inspection. -9- , . . -- w \"', . . ~ " -'~''''~''''~''''V:~ r;1:>~~'-:_:f2-.':p~o: 8. That pickets be prohibited from picketing at the homes of any persons employed by Roadway. 9. That pickets cease and desist using mirrors, spotlights or any other activity to interfere with management videotaping, or interfere in any way with management's lawful activities. 10. That pickets shall not utilize radios for the purpose of coordinating harassment of any driver or any other person. 11. That pickets be prohibited from walking up or down Roadway Drive in front of vehicles, and instead be required to walk across Roadway Drive as intended by the Consent Order. f. That your Honorable Court grant such Consent Order and further relief as may be fitting and proper under the circumstances. g. That this Honorable Court retain juriSdiction of this matter until the labor dispute has ended. Respectfully submitted, Date: April 12, 1994 thy ohn . JOhnson, ESquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third St., Eighth Floor HarriSburg, PA 17101 Phone: (717) 237-4808 Counsel for Plaintiff, Roadway Express, Inc. HBG042:C:IWPSIIROADWAYIENFORCE.MTNISMO -10- ._- 'r,.,.,.~"'?:""'_';;.i~""<f"'~ , .' VERIFICATION I, Ron Matalavage, depose and say that I am the ~p~~L1vA6e for Roadway Express, Inc., the Plaintiff in the foregoing matter, and am duly authorized to make this Affidavit on its behalf; that the averments of fact contained in the foregoing Complaint, so far as made of my own knowledge, are true and correct, and so far as they are based on information received from others, I am reliably informed and believe them to be true and correct. This Verification is made subject to the provisions of 18 Pa. C. S. Ann. ~3904, relating to unsworn falsification to authorities. Go~ ---.......-.... / .... Ron Matalavage l l , .. . ." VERIFICATION I, Monty Crossley, depose and say that I am the /~.J+u CKu'J~.( for Roadway Express, Inc., the Plaintiff in the --r J foregoing matter, and am duly authorized to make this Affidavit on its behalf; that the averments of fact contained in the foregoing Complaint, so far as made of my own knowledge, are true and correct, and so far as they are based on information received from others, I am reliably informed and believe them to be true and correct. This Verification is made subject to the provisions of 18 Pa. C. S. Ann. ~3904, relating to unsworn falsification to authorities. "='" ~ ..j.. i .~ -;~ ~ ~; ::t- o;) 'C, "j- ~ <1 il<:o >. :- ~~ .'": ~ I l'~'~ m ~:',~~:" to" I:; ~-; ~ .. - 0"') ~', ,:"~I : . 1"1.--:....; ',-, . ~: ~\ ~ i.1 ~ ~ ~~ ~~ 0.-;, n- ,." --f GJ :II L. , IgwlE ~ S:PI[ II'ii I R , ~~ f '1'f-J78:;l. C'n ..:r~ NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET PORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, Pennsylvania 17013 Phone: (717) 240-6200 COURT OF COMMON PLEAS COMBERLAND COtJN'l'Y COMMONWEALTH OF PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIFF, V. CHAUPPERS, TEAMSTERS AND HELPERS, LOCAL UNION NO. 776 OF THE BROTHERHOOD OF TEAMSTERS AND THOMAS B. GRIPPITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEFENDANTS. I I I I I I I I I I I DOCKET NO. q "f - , 'l8;.\. ~ .-T-h\Ih.v COMPLAINT To The Honorable, The Judges of Said Court: Roadway Express, Inc. (hereinafter "Roadway"), by and through its attorney, Buchanan Ingersoll Professional Corporation, complains of the Defendants and says: 1. The Plaintiff, Roadway, a corporation organized and operating pursuant to the laws of the Commonwealth of Pennsylvania, is registered to do business in the State of Delaware, is doing business in the Commonwealth of Pennsylvania, and has facilities in Middlesex Township, Cumberland County, Pennsylvania, located at 100 Roadway Drive, Carlisle, Pennsylvania 17013 ("Carlisle facility"). 2. Plaintiff, Roadway, is engaged in the business of trucking, warehousing and common carriage at its Carlisle facility. 3. The Defendant, Chauffers, Teamsters and Helpers, Local Union No. 776 of the Brotherhood of Teamsters (herein referred to as "Local 776") and Thomas B. Griffith, President, Local 776, is an unincorporated labor association having its principal office at 2552 Jefferson Street, in Harrisburg, Dauphin County, pennsylvania 17110-2519, and regularly conducts union business in the Commonwealth of Pennsylvania and the County of Cumberland and represents several hundred workers employed by Roadway at its Carlisle facility. 4. The Defendant, Thomas B. Griffith, President of Local Union No. 776, maintains a business address at 2552 Jefferson Street, Harrisburg, Pennsylvania 17110. 5. In addition to the aforesaid Defendants, there are engaged by and acting for and on behalf of and for the benefit and at the instance and direction of the said Defendants, certain and various other persons whom the plaintiff is presently unable to identify by name, who have been and who are presently participating in the acts and in the course of conduct hereinafter complained in conjunction, concert and conspiracy with the aforesaid Defendants and as such are named and joined as "John and Jane Does." 6. In January, 1994, representatives of trucking companies, including Roadway, began to negotiate a new National Master Freight Agreement, a nationwide collective bargaining agreement. In addition, negotiations commenced for a Central Pennsylvania Supplement ("Supplement"), which would cover, among others, the several hundred employees employed by Roadway at its Carlisle facility. Since that time, representatives of Central Pennsylvania Negotiation Committee and Local 776 have met on numerous occasions for the purpose of negotiating the Supplement. These negotiations have been unsuccessful. 7. The National Master Freight Agreement expired at midnight on March 31, 1994. By agreement of the parties, an -2- extension was in place from April 1, 1994 through AprilS, 1994. Commencing on or about April 6, 1994, at or about 12:01 a.m., the Defendant Union and various members, adherents or supporters of the above-named Defendant went on strike against Roadway and did commence picketing Carlisle facility at 100 Roadway Drive, Carlisle, Pennsylvania 17013. 8. On or about April 6, 1994, at or about 12:01 a.m., the Defendant Union and various members, adherents and supporters of the said Defendant did commence to picket in such a fashion that it was impossible for certain vehicles to enter or leave the Plaintiff's Carlisle facility. The Defendants have at all times maintained picketing as follows: a. The massing of up to 300 pickets; b. Sufficient number of pickets to prevent the ingress/egress of trucks; and, c. Blocking of portions of Roadway Drive by parking picketers' vehicles on both sides of the road so that access is restricted to one (1) lane. The one (1) lane restriction means that vehicles cannot pass one another on Roadway Drive. If two (2) tractor trailers use the road at the same time, one (1) of the two (2) tractor trailers must back up to allow the other to pass. Since Roadway Drive is an 'S'-shaped curve, the backing up of any tractor trailer is both difficult and dangerous. Additionally, the massing of pickets provided time and cover for a picket to damage the brake lines of a tractor -3- trailer. Damage by this picket caused the brakes to freeze and the tractor trailer to further block ingress/egress to the Carlisle facility until the tractor trailer could be repaired. 9. By these unlawful acts, the Defendants have deprived the Plaintiff, its officers, executives, agents, employees and the persons, of the right of ingress and egress to and from the facilities of Carlisle, and have by coercion and intimidation interfered with and obstructed their right and lawful attempts to enter the said Carlisle facility to perform lawful activities. 10. By such means, the Defendants have prevented the Plaintiff from: a. Conducting its business, conserving its property and carrying on those lawful, essential and necessary activities; b. providing for the protection and maintenance of its equipment, machinery and supplies. 11. The Defendants and other persons acting under their direction and authority and in concert with Defendants, have continued and persisted in their unlawful conduct and have threatened to continue to pursue their course of intimidation and coercion as averred above. 12. The Defendants and other persons acting under their direction and authority and in concert with Defendants, have advised and threatened that they will carry out and pursue such course of intimidation and coercion that inevitably will cause further substantial and irreparable damage and injury to the business and property of the Plaintiff unless restrained by law. -4- 13. The Defendants and those associated with them under their direction and authority are persons of limited means and have no financial resources that would enable the Plaintiff to recover from the Defendants and those associated with them, the losses that their unlawful and malicious conduct and acts impose and will continue to impose upon the Plaintiff. 14. Because of the continuing unlawful and malicious conduct of the Defendants and other persons acting under their direction and authority and in concert with them, and because of the inability or unwillingness of the local police to control the situation, the situation is so serious and urgent as to require the issuance of a preliminary injunction without hearing. 15. Because of the substantial and irreparable injury that is being caused by the unlawful acts of the Defendants, the Plaintiff is without adequate remedy at law and is entitled to a preliminary injunction to restore to it the lawful use of its property, the right to employ in and about its business those persons who desire to work for that purpose and the right to continue the operation of its business unhindered and uninterrupted by the unlawful and malicious acts of Defendants. 16. Counsel for the Plaintiff has notified the principal office of Defendant Union and the office of Defendants' legal counsel of Plaintiff's intention to request a preliminary injunction without hearing and will advise said offices of the time of the hearing with the Court on Plaintiff's request for a preliminary injunction. 17. The Plaintiff requests the Court: -5- . p-".,.,.~ a. To enjoin the Defendants and their officers, agents, employees and members, and those acting in concert with them, or having notice of the Court's Order, temporarily until hearing, and perpetually thereafter from: 1. seizing, obstructing or interfering in any way by threats or otherwise with the free and complete access, egress or ingress by anyone from any of the facilities of the Plaintiff; 2. directly or indirectly impeding, obstructing, hampering or interfering with the business or operations of the Plaintiff; 3. directly or indirectly interfering with the deliveries, unloading and dispatch of supplies, materials and equipment to and from Plaintiff's facilities; 4. inducing or attempting to induce by any threats of force or violence any customers, subcontractors or employees of the Plaintiff to not enter any of Plaintiff's facilities; 5. interfering with, hindering or annoying any employees, agents or representatives of the Plaintiff who may desire to enter or leave any of the facilities of the Plaintiff for any purpose, by force or displays of force, by numbers, by threats, by acts of intimidation or violence or by any conduct that tends to deprive any such employee or other person of the free enjoyment of his legal rights or access to and from the Plaintiff's facilities; 6. having, causing or permitting more than two (2) pickets at any time to be at or remain near any entrance or exit of any facility of the Plaintiff, such pickets to remain off the property of the Plaintiff, to be in motion, to be spaced in a single line at least ten (10) feet apart, and to conduct themselves in such a manner as not to block the use of the entrances or exits for ingress or egress of any person or vehicle desiring to enter or leave the same; 7. unlawfully trespassing or loitering in the Plaintiff's parking lot(s) or garage(s) or -6- .---' .~ , r ! " , , , , { ~;;. the vicinity thereof, in furtherance of picketing and using the said parking lot(s) and/or garage(s) for the purpose of intimidating any employee, customer, representative or agent of Roadway or any other individual who may wish to enter any facility of the Plaintiff. b. To set a date for hearing, within five (5) days of the filing of this Complaint, to consider Plaintiff's request for a preliminary injunction. c. Upon full and fair hearing to grant Plaintiff's request for a permanent injunction against the aforesaid activities. d. To retain jurisdiction of this Complaint to determine that the decree of the Court is obeyed, and e. To grant such other relief, including money damages, as the Court shall deem appropriate. Respectfully submitted, , Esquire ~-~ - Paul J. C rrado, Esquire BUCHAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third St., Eighth Floor Harrisburg, PA 17101 Phone: (717) 237-4808 Counsel for the Plaintiff Roadway Express, Inc. Date: April 8, 1994 -7- ""- ...~_"...__,.."\"'t:,~., '., ';~'_',..,~, .,- ..... " <" .," ....<<-..' - .~ .- - ' NOTICE IN CONNECTION WITH APPLICATION FOR PRELIMINARY INJUNCTION WITHOUT 1I'1l!IUtING The Defendants named in this suit were notified by telegram today at approximately 10:00 o'clock p.m. on April 7, 1994, that this application for Preliminary Injunction Without Hearing would Respectfully submitted, be made to this Honorable Court at 8:30 o'clock a.m. tomorrow, April 8, 1994, in the Court of Common Pleas of Cumberland County, Pennsylvania. ~~ ~ire Paul J. orrado, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third St., Eighth Floor Harrisburg, PA 17101 Phone: (717) 237-4808 Date: April 8, 1994 APPENDIX 7 VERIFICATION I, 72"v/l-J-(J A. 1f/4f4tAII~t, depose and say that I am the 1)/J+~/~+~u~C~~ for Roadway Express, Inc., the Plaintiff in the foregoing matter, and am duly authorized to make this Affidavit on its behalf; that the averments of fact contained in the foregoing Complaint, so far as made of my own knowledge, are true and correct, and so far as they are based on information received from others, I am reliably informed and believe them to be true and correct. This Verification is made subject to 18 Pa. Cons. Stat. Ann. ~4904, relating to unsworn falsification to authorities. C+4-ejll/.~~ _ ----~ ~ COURT OP COMMON PLEAS COMBERLAND COtJN'l'Y COMMONWEALTH OP PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIFF, V. CHAUPFERS, TBAMSTERS AND HELPERS, LOCAL UNION NO. 776 OF THE BROTHERHOOD OP TBAMSTERS AND THOMAS B. GRIFFITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEPENDANTS. I : DOCKET NO. qLf -/7<3;1. E?uil-y re Y"IYJ I I I I I I I ORDER OF COURT AND NOW, TO-WIT, this 1 day of ~ 1~ the foregoing bond is d filed. J. COURT OF COMMON PLEAS COMBERLAND COtJN'l'Y COMMONWEALTH OF PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIFF, v. CHAUPPERS, TEAMSTERS AND HELPERS, LOCAL UNION NO. 776 OF THE BROTHERHOOD OF TEAMSTERS AND THOMAS B. GRIFFITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEPENDANTS. I : DOCKET NO. Cjl/- 1782 E1t.1ir./ Term I I I I I I I : ~ KNOW ALL MEN BY THESE PRESENTS that Roadway E~ress, Inc. is C-l"'4./ v': ~~~ ,.4'/~ ..(:'~_Jc:;..:z:; held and firmly bound unto the Urti~ea ~tates of America by a bond / in the sum of nlll jJ",,,dtR.rl Dollars ($ S"()o.8i; ), lawful money of the United States of America, to be paid to the United States of America, its attorneys or assigns, to which payment well and truly be made, we do jointly and severally bind ourselves, and the successors and assigns of each of us by these presents. SEALED with our seals and dated this ~ day of 4"'),,,.,-/ , 197Y. Whereas, Plaintiff has applied for a Preliminary Injunction without a hearing against the Defendants, as more particularly described in the said Complaint: NOW, THE CONDITION OF THIS OBLIGATION IS SUCH that the Plaintiff shall be liable to the Defendants for such costs and ,'-..~~..... , ~" .~~:'I. damages, not exceeding the sum of ;:::; "At' !I-G<..,c;('". .L' ~/ Dollars ($ ~OtJ, v{) ), as Defendants or any other person may sustain by reason of the Preliminary Injunction without a hearing if the Court finally decides that the Plaintiff is not entitled thereto. IN WITNESS WHEREOF, -t11. E. C lor) ley and !?.IJ, 1J74+41-4"'4Gf have caused this undertaking by their duly authorized agents on this ~ day of tl-p/'/ , 19~ By Title ~ '-~' ~~e~lf21~~:;ft 1!r:a:y jr'Ajuka/~ By , Attorney-in-Fact 2 ""~,,,,,,,,,,-c.,...,_ ~ - >-... "',. "'", kJ[.;~i~1 u~.....'~ .';:cJo..t :...:z:o:. o.........;:! :'-<~1~ . 'ld_ ~ '." C)laJ , --":.::r.:Q.. '- ::i e;t..l ~ w ~ ...s. ~ ~ ~ ~ l.oo ~ c:- 0'1 In ("r) Cl:l ~~ ::::::::. .....::::./. U ..~ ~..\ ~'.~ <>= .... ...., '.It ".j~tn~~J:',','':'~';;''- ,;,,',',~J:;;,lt,; .'. <,". ';',,'i":,_ ..... " . I}:>t,.f. . t.L.._ dJv APR 1 5 1994 .. ORDER OP COURT AND NOW, this day of April, 1994, it is hereby Ordered and Decreed that a hearing on the Motion for Enforcement Order is set for the day of April, 1994, at a.m./p.m. in Courtroom No. ___, Cumberland County, Pennsylvania. J. By the Court: , COURT OF COMMON PLEAS COMBERLAND COtJN'l'Y COMMONWEALTH OF PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIPF, v. CHAOPPERS, TEAMSTERS AND HELPERS, LOCAL UNION NO. 776 OF THE BROTHERHOOD OF TEAMSTERS AND 'l'HOMAS B. GRIFFITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEPENDANTS. I I I DOCKET NO. 94-1782 Equity Term I I I I I I I I AMENDED MOTION FOR ENFORCEMENT ORDER TO THE HONORABLE JUDGES OF SAID COURT: Roadway Express, Inc., by and through its attorneys, Buchanan Ingersoll Professional Corporation, hereby moves this Court to enter an Order enforcing the Order of Court of April 8, 1994, upon the following grounds: 1. On Friday, April 8, 1994, after presentment of a Complaint, affidavits and the posting of security in the amount of Five Hundred Dollars ($500.00), this Court issued a Consent Order against the named Defendants and all other parties acting in concert with them and set April -' 1994, at a.m./p.m. as the date and time for a hearing on the enforcement of the Consent Order. A true and correct copy of the said Consent Order is attached hereto, made a part hereof, and marked as Exhibit "A". 2. At the time the Consent Order was issued, counsel for Chauffers, Teamsters and Helpers Local 776 union ("Local 776"), and Ronald Tomasko, Esquire of the firm Ira H. Weinstock, P.C., was present in the Courtroom and was made aware of the contents of the said Consent Order. True and correct copies of the said Consent Order were served on Defendant Chauffers, Teamsters and Helpers, Local Union No. 776 of the Brotherhood of Teamsters and Thomas B. Griffith, President, Individually, and John and Jane Does, Individually, all individually and as Trustees ad litem on April 8, 1994. Service was accepted by counsel to Local 776. 3. Plaintiff has reproduced true and correct copies of said Consent Order that have been served on the pickets at or near Plaintiff's facilities, but the persons and pickets acting in concert with them have refused and continue to refuse to obey the terms of the said Consent Order. 4. Since April 8, 1994, Plaintiff has continually demanded of Defendants and all persons and pickets acting in concert with them that the terms of said Consent Order be obeyed. 5. The Defendants and others acting in concert with them have violated and have shown their intent to continue to violate the Consent Order issued on April 8, 1994, by the following actions: a. At or about 10:45 a.m. on April 9, 1994, the Defendants and others acting in concert with them caused and permitted approximately fifty-four (54) pickets to mass at and near the entrances to Plaintiff's facilities located at Roadway'S Carlisle facility, Middlesex Township, Cumberland County, Pennsylvania, and walk across Roadway Drive; -2- ~- b. During the morning hours, from approximately 10:00 a.m. to 12:00 p.m., on April 9, 1994, pickets walked in a loop across Roadway Drive in express violation of the Consent Order; c. At or about 12:00 p.m. on April 9, 1994, approximately forty (40) pickets' cars parked in the emergency turnaround location in violation of the express language contained in the Consent Order prohibiting parking within 100 feet of the area; d. At or about 12:30 p.m. on April 9, 1994, a Federal Express vehicle stopped and pickets circled that vehicle blocking it from entering the Roadway facility in express violation of the Consent Order; e. During the mid-afternoon of April 9, 1994, a picket, identified as Bob Weakland, began using a large mirror to harass security guards and management personnel; and, f. At or about 5:40 p.m. on April 9, 1994, a picket's car was parked in the emergency turnaround in express violation of Section 6 (a) of the Consent Order; g. At or about 7:59 p.m. on April 9, 1994, pickets shined spotlights in the eyes of security personnel for Roadway; h. At or about 9:30 p.m. on April 9, 1994, pickets numbers forty-one (41) on line and twelve (12) more in area; i. On April 10, 1994, Augie TOkis, a Roadway striker who is approximately 6'4", carried a waist-high stick on the picket line through most of the day; j. At or about 7:15 a.m. on April 11, 1994, a truck pulled into Roadway Drive with an ASF trailer. Two individuals -3- stopped the trailer and talked to the pickets. The trailer dido not proceed into the facility; k. At or about 7:30 a.m. on April 11, 1994, there were a total of sixty-three (63) pickets on Roadway Drive; l. At or about 9:10 a.m. on April 11, 1994, fifty- nine (59) cars were parked on Roadway Drive; m. At or about 9:30 a.m. on April 11, 1994, a total of one hundred ten (110) picketers were on Roadway Drive; n. At or about 10:00 a.m. on April 11, 1994, Sheriff Tom Kline and Chief Sherman told Roadway representatives that they had received a report of C-4 explosives strapped to a diesel tank. Roadway maintains a one million gallon tank close to the area of the picketing. The report indicated that the explosives would explode at 11:00 a.m. Rupture of that tank would cause extreme damage and would cause the spill of a hazardous substance; o. At or about 10:00 a.m. on April 11, .1994, pickets formed a line and would not allow a Verbose truck to proceed normally toward Route 11. Pickets formed a line and walked very slowly in front of the tractor trailer. The activity of the pickets significantly slowed the progress of the tractor trailer between the Roadway Carlisle facility and Route 11; p. At or about 10:08 a.m. on April 11, 1994, a Leslie Faye truck driver backed his vehicle away without entering the facility after pickets crowded around his trailer, and a Union leader talked to the driver; q. At or about 12:00 p.m. on April 11, 1994, Chuck Shughart approached a Miller Trucking tractor trailer driven by -4- ( . . ~ . t~1--:~~~,i--~":',' ...~'" .J,',,'. ~"') """:0" Stephen Batalka, and talked to Batalka. Shughart required Batalka to open the back of the truck so that he could look in. Shughart also told him that he wished to examine the contents after the driver picked up his load; r. While the tractor trailer was proceeding toward Route 11, pickets hollered, "People will follow you wherever you go when you get to Route 11" (or words to that effect). Pickets also chanted "scab," called the driver a low life and said they hoped he could sleep at night. Charles Shughart also screamed "It is going to be a long day, buddy, a long day;" s. On April 11, 1994, pickets massed and formed a li.ne that blocked the exit of the same Miller Trucking tractor trailer. Pickets moved down Roadway Drive in front of the tractor trailer until it reached the area of Carlisle Trucking. As a result, it took approximately 45 to 50 minutes for the tractor trailer to proceed from the gate area to Route 11; t. Once the tractor trailer reached Route 11, Steve Hockenberry, a Union member and striker, followed the tractor trailer. He stopped and took video of the tractor trailer, which had been stopped by the police; u. During the afternoon of April 11, 1994 and other occasions, technical violations were also observed. Pickets were sometimes two deep. Pickets were not spaced 4.5 feet apart as they walked, as required by the Consent Order. Pickets were close enough to be holding hands. Pickets' cars were parked within 100 feet of the turnaround. Two pickets held and shined mirrors at security and management to impede videotaping of the unlawful interference with the Miller Trucking tractor trailer; -5- .~ ~1;. ~r ~ 0 I :t t .~ v. At or about 3:11 p.m. on April 11, 1994, a truck was proceeding toward Route 11 until pickets blocked him. The driver, Ian Peters, tried to proceed throughout the gap in the line. Andy Reiley, a picket, blocked the truck and pushed on the truck and banged on the hood. Peters, a Roadway maintenance worker, then backed toward the gate area (the gate area is closest to the Roadway buildings at the opposite end of Route 11 from Roadway Drive) at a slower speed, and traveled a distance of about 50 to 75 feet. Mr. Peters stopped because Mr. Reiley was saying that Mr. Peters had better not injure him in any way. At this point Mr. Reiley hollered for additional help. Pickets threatened Peters by stating that the would bust his "fucking head open;" w. At or about 3:00 to 4:00 p.m. on April 11, 1994, two (2) customers individually reported to me as they entered the facility that they were intimidated by the requests to search their vehicles. One woman was from Ascot Enterprises. The second woman, who was accompanied by her infant child, was from Thomas Marie Toll, and was visibly upset and exhibited stuttered speech and kept looking around; x. On April 11, 1994, a picket had a stick without a picket sign; y. Throughout the day on April 11, 1994, pickets routinely asked drivers of incoming trucks or vans to honor their picket line, and interrogated drivers as to the type of commodity they were picking up; z. At or about 7:45 a.m. on April 12, 1994, Linda Young approached the picket line and pulled behind a little metal -6- I ..~ ;.,:.;,~!, truck. She then heard the pickets yelling behind her, so she looked in her rearview mirror. She saw the men looking like they were going to walk in front of a little silver car (Wanda Garman). They were yelling at Ms. Garman loud enough that she heard them with her windows up and her radio on; aa. At or about 7:45 a.m. on April 12, 1994, Local 776 had a gray van stopped in the lane of Wanda Garman. The car in front of her started to go around the van and Ms. Garman followed. They were travelling very slowly. That is when Local 776 started to shout at them. Some of the comments were "slow down," "you scabs," and then the one man gave them "the finger." Another man made moves like he was going to cross in front of Ms. Garman's car, at which time she had to apply the brake; and, ab. At or about 9:45 a.m. on April 12, 1994, pickets blocked a driver from Burlington Coat Factory from exiting the Roadway Carlisle facility. The vehicle was subsequently followed and harassed by the drivers of a brown pick-up truck and a green Chevy on a public highway. ac. At or about 12:30 p.m. on April 12, 1994, Bob Sidenberry, the driver of a Ryder truck, who was picking up goods for Lord and Taylor, was blocked by pickets for approximately fifty (50) minutes as he attempted to exit the Roadway facility. Pickets subsequently followed and harassed him on a public highway. ad. During the morning of April 13, 1994, ingress and/or egress of at least three (3) trucks was blocked by pickets. -7- , ' M ae. At or about 3:40 p.m. on April 13, 1994, Bob McCoy stopped his truck to permit pickets to cross Roadway Drive. Pickets crowded around the truck and formed an inverted "un around the vehicle ending at the doors. A picket held his umbrella, so that the employer's video access to the right-hand side of the vehicle would be blocked. Mr. McCoy's right front tire was slashed. One or more of the pickets commented, "Oh look, he has a flat tire," or words to that effect. af. During the afternoon of April 13, 1994, Melissa Stein, an employee of Roadway, was harassed while attempting to cross the picket line. ago Throughout the day on April 14, 1994, pickets allowed egress from the Roadway Carlisle facility only if drivers agreed to allow pickets to inspect the contento of the customer's trailers, coming in and going out; ah. During the afternoon of April 14, 1994, Sheron Shaffer, a Roadway customer, was harassed, including the banging of a sign on her car, by pickets as she attempted to enter the Roadway facility. ai. At or about 7:00 p.m. on April 14, 1994, a truck was blocked from exiting the facility. He carried no load. In spite of assistance from the Silver Springs police, pickets blocked the exit for more than thirty (30) minutes. A strike captain was present during the incident. aj. Incidents continue to occur on the date as the amended pleading is being filed. 6. Defendants and others acting in concert with them have shown no intent to comply with said Consent Order. -8- ,. . Wherefore, Plaintiff moves this Court to enter an Order for enforcement of the Consent Order issued on April 8, 1994, and respectfully requests that all costs of enforcement be assessed against the Defendants. ~.: /?{zf;' Bsquire Lf:tL VI-/:.' I '/. ~ thy pea er MacNett, ~UCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third St., Eighth Floor Harrisburg, PA 17101 Phone: (717) 237-4808 Counsel for Plaintiff, Roadway Express, Inc. Date: April 15, 1994 IlBG042:C:IWPSIISTRIKEIENFORCE,MTNISMO - 9- ,.,... ....,....- COURT OF COMMON PLEAS COMBERLAND COtJN'l'Y COMMONWEALTH OF PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIFF, V. CHAUPPERS, TEAMSTERS AND HELPERS, LOCAL UNION NO. 776 OF THE BROTHERHOOD OP TEAMSTERS AND THOMAS B. GRIFFITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEFENDANTS. I I I DOCKET NO. 94-1782 Equity Term I I I I I : I I CERTIFICATE OF SBRXH:E I hereby certify that a true and correct copies of the Motion for Enforcement Order, the Order Enforcing Consent Order, and the Petition to Show Cause Why Defendants Should Not Be Held in Contempt of Court were served upon the following persons this 12th and 13th days of April, 1994: Court of Common Pleas Cumberland County 1 Courthouse Square Carlisle, PA 17013 Thomas B. Griffith, President Chauffers, Teamsters and Helpers Local 776 2552 Jefferson Street Harrisburg, PA 17110 Jason Weinstock Ira H. Weinstock, P.C. Suite 100, 800 N. Second Street Harrisburg, PA 17102 Ira H. WeinstOCk, Esquire Suite 100, 800 N. Second Street Harrisburg, PA 17102 Hand Delivery April 12, 1994 First Class Mail April 13, 1994 And Hand Delivery Fax (April 12, 1994) Hand Delivery (April 13, 1994) Respectfully submitted, .JjA~?;r; ~ Susan M. Giblin, Secretary to Kathy Speaker MacNett, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third Street, Eighth Floor Harrisburg, PA 17101 (717) 237-4808 HBG042:C:\ WPS I IROADW A Y\CERT,DOCISMO COURT OF COMMON PLEAS CUMBERLAND COtJN'l'Y COMMONWEALTH OF PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIPF, V. CHAUFFERS, TEAMSTERS AND HELPERS, LOCAL UNION NO. 776 OF THE BROTHERHOOD OF TEAMSTERS AND THOMAS B. GRIPFITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEFENDANTS. I I I DOCKET NO. 94-1782 Equity Term I I I I I I I CERTIFICATE OF SERYl!:B. I hereby certify that true and correct copies of the Amended Petition To Show Cause Why Defendants Should Not Be Held In Contempt Of Court and the Amended Motion For Enforcement Order were served upon the following persons this 15th day of April, 1994: Court of Common Pleas Cumberland County 1 Courthouse Square Carlisle, PA 17013 Hand Delivery First Class Mail Thomas B. Griffith, President Chauffers, Teamsters and Helpers Local 776 2552 Jefferson Street Harrisburg, PA 17110 Ira H. Weinstock, Esquire Suite 100, 800 N. Second Street Harrisburg, PA 17102 IIBOO42:C:\ WPSIIROADW A Y\CERT,DOCISMO Hand Delivery Respectfully f\ubmitted,. <.k./L,.\:'7!,~ . Susan M. Giblin, Secretary to Kathy Speaker MacNett, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third Street, Eighth Floor Harrisburg, PA 17101 (717) 237-4808 dft-- APR 15 199. VERIPICATION I, 1\:\ Il ~ C ~(J 55 Ie i ' depose and say that I am the ,'dV,v,''t L\ for Roadway Express, Inc., the Plaintiff in the foregoing matter, and am duly authorized to make this Affidavit on its behalf; that the averments of fact contained in the foregoing Complaint, so far as made of my own knowledge, are true and correct, and so far as they are based on information received from others, I am reliably informed and believe them to be true and correct. This Verification is made subject to the provisions of 18 Pa. C. S. Ann. ~3904, relating to unsworn falsification to authorities. APR 2 l1004~ COURT OF COMMON PLEAS COMBERLAND COtJN'l'Y COMMONWEALTH OF PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIPF, V. CHAUPFERS, TEAMSTERS AND HELPERS, LOCAL UNION NO. 776 OF THE BROTHERHOOD OF TEAMSTERS AND THOMAS B. GRIFFITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEPENDANTS. I I I DOCKET NO. 94-1782 Equity Term I I I I I I I I ORDER OF COURT AND NOW, this ,?'/Alt day of April, 1994, it is hereby Ordered and Decreed that a hearing on the Contempt Citation and Plaintiff's Motion for Enforcement Order, as amended, is set for the .;{SbJ day of April, 1994, at ,:X (TV ,a;;;m;,-/p. m. in Courtroom No. ~, Cumberland County, Pennsylvania. By the Court: / . /lJL J. .,';, ""''-:;'-''c'-''^''''''''''-' APR 21 I 21 PH '9~ , '. . ~'FftCE Of ThE' :H10N')HhY CUI'IIlEP. ,\ku r.~UNTY PENNSYL"'MP~ ,"'_"'" E::'===l:l.~2l:'" :II L , 12~~~ ~ 8 ~ diE I~Pi ~ ~~~J;~ ~ "0 ~ r! f Z R . . , . . . APR 2 1 199~~. COURT OP COMMON PLEAS COMBERLAND COtJN'l'Y COMMONWEALTH OP PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIPF, V. CHAUPPERS, TEAMSTERS AND HELPERS, LOCAL UNION NO. 776 OF THE BROTHERHOOD OF TEAMSTERS AND THOMAS B. GRIFFITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEPENDANTS. I I I DOCKET NO. 94-1782 Equity Term I I I I I I I I MOTION TO SCHEDULE BEARING PURSUANT TO ORDER OP THE COURT TO THE HONORABLE JUDGES OF SAID COURT: NOW COMES, Roadway Express, Inc. ("Roadway" or "Plaintiff") by and through its attorneys, Buchanan Ingersoll Professional Corporation and Kathy Speaker MacNett, Esquire, hereby moves this Honorable Court, pursuant to its Order of April 15, 1994, to set a date for hearing on the Contempt Citation. 1. Chauffers, Teamsters and Helpers Local 776 ("Local 776") and/or persons acting in concert with it continue to violate this Court's April 8, 1994 Consent Order, and April 15, 1994 Contempt Citation. 2. Said violations are outlined in Plaintiff's Petition to Show Cause, and amendments thereto, and Plaintiff's Motion for Enforcement Order, and amendments thereto, which have been filed with this Court, and which are included by reference herein as if fully set forth. 3. Roadway's efforts to obtain compliance with these Orders without the need for additional intervention from this Court through notification to the Union have been unsuccessful. See Exhibit 1, which is attached hereto and included by reference herein as if fully set forth. WHEREFORE, Plaintiff moves this Court to enter an Order based upon Plaintiff's request for a hearing on the Contempt Citation, and Roadway further requests consolidation of that contempt hearing with hearing on Plaintiff's Motion for Enforcement of the Consent Order, and respectfully requests that all costs of enforcement be assessed against the Defendants. Respectfully submitted, Counsel for Plaintiff, Roadway Express, Inc. Date: April 21, 1994 HBG042:C:\WPSIIROADWAYISCHEDULE.MTNISMO - 2- "-""~"~ l illl!;~!!Ha!\!l\ L ., :~;:t.:;.">".,_-'.,, Buchanan In~rsoll PROFeSSIONAl, CORPORATION Auorney. April 20, 1994 Vuwl p"" 30 _ Thin! 5.... 1!l&hJh Floc< IWri...... PA 17101,2023 711.23704100 Fu: 7170233002 Kathy Speaku MacN.U 711.237-4108 BY HAND DEUVERY Ira H. Weinstock, Esquire Suite 100, 800 N. Second Street Harrisburg, PA 17102 Re: ROADWAY EXPRESS, INC., PLAINTIFF V. CHAUFFERS, TEAMSTERS AND HELPERS, LOCAL UNION NO. 776 OF THE BROTHERHOOD OF TEAMSTERS AND THOMAS B. GRIFFITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEFENDANTS. DOCKET NO. 94-1782 Equity Term Dear Attorney Weinstock: The purpose of this letter is twofold. Primarily, I am notifying you that blocking of vehicles and other harassing activity is still occurring at Roadway's Carlisle/Middlesex facility. Specific instances, as of this writing, include, but are not limited to: 1. At or about 7:00 p.m. on April 16, 1994, pickets interfered with the right of a third party, Robert Diehl, who owns property along Roadway Drive, to enter and/or exit the area of the emergency turnaround. Mr. Diehl has threatened legal action if pickets do not vacate the road surface and allow free access. He fears that a sale of his property will be hindered, jeopardized or defeated by the picketing across the Township road. 2. At or about 11:25 a.m. on April 18, 1994, a truck picking up a delivery for Rite Aid was blocked by pickets as it attempted to exit Roadway Drive. The pickets slowly proceeded toward Route 11. The pickets blocked the exit of the truck until approximately 11:40 a.m. The driver refused to allow pickets to inspect his truck, based on the nature of the cargo. 3. At or about 12:30 p.m. on April 18, 1994, a Biddle Co. truck was blocked as it attempted to exit Roadway Drive by pickets. The pickets slowly EXHIBIT 1 Ira H. Weinstock, Esquire April 20, 1994 page 2 proceeded toward Route 11. The pickets blocked the truck until approximately 12:39 p.m. Charles Shughart was on the strike line and yelled, "Like this mother fucker," or words to that effect, at management representatives and security guards. 4. At or about 1:45 p.m. on April 18, 1994, pickets flashed mirrors at management representatives and Pinkerton security in an attempt to harass. 5. At or about 2:25 p.m. on April 18, 1994, pickets blocked a Visible System truck from exiting Roadway Drive. 6. At or about 3:25 p.m. on April 18, 1994, a picket, Greg Gates, stepped in front of a truck to make it appear that he had been struck and injured by the truck. Brian Stambaugh, a strike captain, was present on the picket line at the time. 7. At or about 3:42 p.m. on April 18, 1994, a New Deal truck was blocked by pickets as it attempted to exit Roadway Drive. The pickets proceeded slowly toward Route 11. The pickets blocked the truck until approximately 3:55 p.m. 8. At or about 12:53 p.m. on April 19, 1994, a truck from Harrisburg Electrical Supply, who was picking up freight for "Indeeco," approached the picket line and talked to Mark Page. The driver refused to allow pickets to search or look in his unit. pickets told him it would take him 45 minutes to get out. 9. At or about 1:08 p.m. on April 19, 1994, the truck from Harrisburg Electrical Supply tried to exit. The driver would not allow the pickets to look in his vehicle. The picket line then moved in front of the truck and blocked his exit for almost thirty (30) minutes. 10. At or about 10:00 a.m. on April 20, 1994, ingress of four (4) vehicles picking up shipments for the New Cumberland Army Depot were delayed for one hour and seven minutes as they attempted to enter the facility. Charles Shughart was on the line during the incident. - '~"'1lIIiIf Ira H. Weinstock, Esquire April 20, 1994 Page 3 There is no satisfactory explanation for continued violation of the Consent Order, and the Contempt Citation. Judge Hess made it clear from the bench when he issued the Contempt Citation on Friday, April 15, 1994, that Local 776 was violating numerous portions of the Consent Order, including the specific provisions on ingress/egress. If it is not apparent to my client that this activity has ceased and will not be repeated by the close of business on April 20, 1994, we will seek administrative and/or judicial relief, including, but not limited to, a request for a full and prompt hearing on the Contempt Citation. As a housekeeping matter, I am enclosing the original of the letter that was faxed to you on Thursday evening, April 14, 1994, notifying you of the focus for the hearing on Friday, April 15, 1994, on the contempt citation. You will recall that I provided several clarifications to this letter on Friday morning, April 15, 1994, which you noted on your faxed copy of the letter. Sincerely, fdr~~/J{~-Mr Kathy Speaker MacNett KSM/smg Enclosure (April 14, 1994 letter) Buchanan Ingersoll PROPUSSIONAL CORPORATION AuomCYI Kalby Speaker MacNeU 117,237~ ......... Par< lO Nor1h ThUd 5.... I!lahlh F1clOI IWrisbwI. PA 17101.1023 717.237.4lIOO Fu: 711-233-0151 April 14, 1993 VIA FAX Ira H. Weinstock, Esquire 800 N. Second Street Harrisburg, PA 17101 Re: ROadway Express, Inc. Dear Attorney Weinstock: In accordance with our discussion in Judge Hess' chambers on April 14, 1994, I am providing you with a listing of the incidents upon which our petition for Enforcement and Contempt pleading will focus. We will present testimony on the instances during the hearing scheduled for April 15, 1994 at 1 p.m. The incidents are: 1. The bomb threat on or about April 11 or 12, 1994; 2. The slashing of Bob McCoy's tire on April 13, 1994; 3. The repeated blocking of customer ingress and egress, which is sometimes accompanied by highway harassment of customers, including: a. Lord and Taylor shipment, April 12, 1994; b. BUrlington Coat shipment, April 12, 1994; c. Mack truck shipment, April 12, 1994; and, d. Three incoming vehicles on April 13, 1994; 4. Harassment of employee's and customers; a. Sheron Shaffer - April 14, 1994; b. Ian Peters - April 13, 1994; and, c. Melissa Stein - April 12, 1994; and Sincerely, -1~ <il,;l~1<'L/ h~11U Kfthy Speaker MacNett Ira H. Weinstock, Esquire April 14, 1993 Page 2 5. Consistent technical and substantive picket line violations including massing of pickets, walk-down picket line, improper spacing of pickets, multiple locations of pickets and picket lines. We reserve the right to continue to add instances as they occur. We further reserve the right to reference incidents of a similar nature which are not specifically listed below. . We will forward a copy of the amended pleadings to your office prior to tomorrow's argument. We re-emphasize that violation of the Consent Order by Local 776 continues to occur, and will not be tolerated. I I I DOCKET NO. 94-1782 Bquity Term I I I I I I I I COURT OP COMMON PLEAS COMBERLAND COtJN'l'Y COMMONWEALTH OF PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIFF, V, CHAUPFBRS, TEAMSTERS AND BBLPERS, LOCAL UNION NO. 776 OF THE BROTHERHOOD OF TEAMSTERS AND THOHAS B. GRIPPITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEFENDANTS. I hereby certify that true and correct copies of the Second Amended Petition To Show Cause Why Defendants Should Not Be Held In Contempt Of Court, the Second Amended Motion For Enforcement Order and the Motion To Schedule Hearing Pursuant To Order Of The Court were served upon the following persons this 21st day of April, 1994: Court of Common Pleas Cumberland County 1 Courthouse Square Carlisle, PA 17013 Thomas B. Griffith, President Chauffers, Teamsters and Helpers Local 776 2552 Jefferson Street Harrisburg, PA 17110 Ira H. Weinstock, Esquire Suite 100, 800 N. Second Street Harrisburg, PA 17102 HBG042:C:IWPSIIROADWA YICERT,OOCISMo Hand Delivery First Class Mail Hand Delivery Respectfully submitted, j&/4-.v /l(, UL Susan M. Giblin, Secretary to Kathy Speaker MacNett, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third Street, Eighth Floor Harrisburg, PA 17101 (717) 237-4808 APR 21 1994 dA.. COURT OP COMMON PLEAS COMBERLAND COtJN'l'Y COMMONWEALTH OF PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIPF, V. CHAUFPERS, TEAMSTERS AND HELPERS, LOCAL UNION NO. 776 OF THE BROTHERHOOD OP TEAMSTERS AND THOMAS B. GRIPFITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEFENDANTS. I I I DOCKET NO. 94-1782 Equity Te:m I I I I I I I I ORDER OF COURT AND NOW, this ~ day of April, 1994, it is hereby Ordered and Decreed that a hearing on the Motion for Enforcement Order, as amended, is set for the .~5t~day of April, 1994, at ~:~ ~./p.m. in Courtroom No. ~, Cumberland County, Pennsylvania. By the Court: J 4bt- J. APR Z I I 23 rH '9~ .:jfFICE Of 11lf "', ntOU~TA"Y CUI-!,'i:','.f.!11l Cr:.;,n Pl t1N)YVi~~I~ :II L , lu~~ ~ IHhli g! .. J; ~ ~ . ~ p ~ R ., ..APR 2 I 1994 '- '\' ~. . .. I j "l f t ~ ~ - .j COURT OP COMMON PLEAS COMBERLAND COtJN'l'Y COMMONWEALTH OP PENNSYLVANIA ROADWAY BXPRESS, INC., PLAINTIFF, V. CHAUPPERS, TEAMSTERS AND HELPERS, LOCAL UNION NO. 77 6 OF THE BROTHERHOOD OP TEAMSTERS AND THOKAS B. GRIFFITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEPENDANTS. I I I DOCKET NO. 94-1782 Equity Term I I I I I I I I SECOND AMENDED MOTION FOR ENP'ORCEMENT ORDER TO THE HONORABLE JUDGES OF SAID COURT: Roadway Express, Inc., by and through its attorneys, Buchanan Ingersoll Professional Corporation, hereby moves this Court to enter an Order enforcing the Order of Court of April 8, 1994, upon the following grounds: 1. On Friday, April 8, 1994, after presentment of a Complaint, affidavits and the posting of security in the amount of Five Hundred Dollars ($500.00), this Court issued a Consent Order against the named Defendants and all other parties acting in concert with them and set April -' 1994, at a.m./p.m. as the date and time for a hearing on the enforcement of the Consent Order. A true and correct copy of the said Consent Order is attached hereto, made a part hereof, and marked as Exhibit "A". ..l'-....,.... . 2. At the time the Consent Order was issued, counsel for Chauffers, Teamsters and Helpers Local 776 Union ("Local 776"), and Ronald Tomasko, Esquire of the firm Ira H. Weinstock, P.C., was present in the Courtroom and was made aware of the contents of the said Consent Order. True and correct copies of the said Consent Order were served on Defendant Chauffers, Teamsters and Helpers, Local Union No. 776 of the Brotherhood of Teamsters and Thomas B. Griffith, President, Individually, and John and Jane Does, Individually, all individually and as Trustees ad litem on April 8, 1994. Service was accepted by counsel to Local 776. 3. Plaintiff has reproduced true and correct copies of said Consent Order that have been served on the pickets at or near Plaintiff's facilities, but the persons and pickets acting in concert with them have refused and continue to refuse to obey the terms of the said Consent Order. 4. Since April 8, 1994, Plaintiff has continually demanded of Defendants and all persons and pickets acting in concert with them that the terms of said Consent Order be obeyed. 5. The Defendants and others acting in concert with them have violated and have shown their intent to continue to violate the Consent Order issued on April 8, 1994, by the following actions: a. At or about 10:45 a.m. on April 9, 1994, the Defendants and others acting in concert with them caused and permitted approximately fifty-four (54) pickets to mass at and near the entrances to Plaintiff's facilities located at Roadway'S Carlisle facility, Middlesex Township, Cumberland County, Pennsylvania, and walk across Roadway Drive; -2- .., ~ , ":"r '1 : f i I , r' i. Ii (- j". ,-.. ....~'~~,.",.-"',..;j "J;;.~...~,"-".',. "':">;';"_ ;t..'~""<~"... ..' '?~...';'J','tt<,::-''''.i,-,~'' ., . 'r b. During the morning hours, from approximately 10:00 ~ i a.m. to 12:00 p.m., on April 9, 1994, pickets walked in a loop across Roadway Drive in express violation of the Consent Order; c. At or about 12:00 p.m. on April 9, 1994, approximately forty (40) pickets' cars parked in the emergency turnaround location in violation of the express language contained in the Consent Order prohibiting parking within 100 -3- feet of the area; d. At or about 12:30 p.m. on April 9, 1994, a Federal Express vehicle stopped and pickets circled that vehicle blocking it from entering the Roadway facility in express violation of the Consent Order; e. During the mid-afternoon of April 9, 1994, a picket, identified as Bob Weakland, began using a large mirror to harass security guards and management personnel; and, f. At or about 5:40 p.m. on April 9, 1994, a picket's car was parked in the emergency turnaround in express violation of Section 6 (a) of the Consent Order; g. At or about 7:59 p.m. on April 9, 1994, pickets shined spotlights in the eyes of security personnel for Roadway; h. At or about 9:30 p.m. on April 9, 1994, pickets numbers forty-one (41) on line and twelve (12) more in area; i. On April 10, 1994, Augie Tokis, a Roadway striker who is approximately 6'4", carried a waist-high stick on the picket line through most of the day; j. At or about 7:15 a.m. on April 11, 1994, a truck pulled into Roadway Drive with an ASF trailer. Two individuals . . I . , stopped the trailer and talked to the pickets. The trailer did not proceed into the facility; k. At or about 7:30 a.m. on April 11, 1994, there were a total of sixty-three (63) pickets on Roadway Drive; 1. At or about 9:10 a.m. on April 11, 1994, fifty- ~ nine (59) cars were parked on Roadway Drive; m. At or about 9:30 a.m. on April 11, 1994, a total of one hundred ten (110) picketers were on Roadway Drive; n. At or about 10:00 a.m. on April 11, 1994, Sheriff Tom Kline and Chief Sherman told Roadway representatives that they had received a report of C-4 explosives strapped to a diesel tank. Roadway maintains a one million gallon tank close to the area of the picketing. The report indicated that the explosives would explode at 11:00 a.m. Rupture of that tank would cause extreme damage and would cause the spill of a hazardous substance; o. At or about 10:00 a.m. on April 11, 1994, pickets formed a line and would not allow a Verbose truck to proceed normally toward Route 11. Pickets formed a line and walked very slowly in front of the tractor trailer. The activity of the pickets significantly slowed the progress of the tractor trailer between the Roadway Carlisle facility and Route 11; p. At or about 10:08 a.m. on April 11, 1994, a Leslie Faye truck driver backed his vehicle away without entering the facility after pickets crowded around his trailer, and a Union leader talked to the driver; q. At or about 12:00 p.m. on April 11, 1994, Chuck Shughart approached a Miller Trucking tractor trailer driven by -4- Stephen Batalka, and talked to Batalka. Shughart required Batalka to open the back of the truck so that he could look in. Shughart also told him that he wished to examine the contents after the driver picked up his load; r. While the tractor trailer was proceeding toward Route 11, pickets hollered, "People will follow you wherever you go when you get to Route 11" (or words to that effect). Pickets also chanted "scab," called the driver a low life and said they hoped he could sleep at night. Charles Shughart also screamed "It is going to be a long day, buddy, a long day;" s. On April 11, 1994, pickets massed and formed a line that blocked the exit of the same Miller Trucking tractor trailer. Pickets moved down Roadway Drive in front of the tractor trailer until it reached the area of Carlisle Trucking. As a result, it took approximately 45 to 50 minutes for the tractor trailer to proceed from the gate area to Route 11; t. Once the tractor trailer reached Route 11, Steve Hockenberry, a Union member and striker, followed the tractor trailer. He stopped and took video of the tractor trailer, which had been stopped by the police; u. During the afternoon of April 11, 1994 and other occasions, technical violations were also observed. Pickets were sometimes two deep. Pickets were not spaced 4.5 feet apart as they walked, as required by the Consent Order. Pickets were close enough to be holding hands. Pickets' cars were parked within 100 feet of the turnaround. Two pickets held and shined mirrors at security and management to impede videotaping of the unlawful interference with the Miller Trucking tractor trailer; , , .i . , i' . [. ' , ':"1' . , '\.-. '. ;~ ; '$ .... -5- -..".t}""'"&OlC,;""'( <J'''" ......- .' :1 v. At or about 3:11 p.m. on April 11, 1994, a truck was proceeding toward Route 11 until pickets blocked him. The driver, Ian Peters, tried to proceed throughout the gap in the line. Andy Reiley, a picket, blocked the truck and pushed on the truck and banged on the hood. Peters, a Roadway maintenance worker, then backed toward the gate area (the gate area is closest to the Roadway buildings at the opposite end of Route 11 from Roadway Drive) at a slower speed, and traveled a distance of about 50 to 75 feet. Mr. Peters stopped because Mr. Reiley was saying that Mr. Peters had better not injure him in any way. At this point Mr. Reiley hollered for additional help. Pickets threatened Peters by stating that the would bust his "fucking .f , ...: I f .1 r , , t t i . head open;" w. At or about 3:00 to 4:00 p.m. on April 11, 1994, two (2) customers individually reported to me as they entered the facility that they were intimidated by the requests to search their vehicles. One woman was from Ascot Enterprises. The second woman, who was accompanied by her infant child, was from Thomas Marie Toll, and was visibly upset and exhibited stuttered speech and kept looking around; x. On April 11, 1994, a picket had a stick without a picket sign; y. Throughout the day on April 11, 1994, pickets routinely asked drivers of incoming trucks or vans to honor their picket line, and interrogated drivers as to the type of commodity they were picking up; z. At or about 7:45 a.m. on April 12, 1994, Linda Young approached the picket line and pulled behind a little metal -6- -7- truck. She then heard the pickets yelling behind her, so she looked in her rearview mirror. She saw the men looking like they were going to walk in front of a little silver car (Wanda Garman). They were yelling at Ms. Garman loud enough that she heard them with her windows up and her radio on; aa. At or about 7:45 a.m. on April 12, 1994, Local 776 had a gray van stopped in the lane of Wanda Garman. The car in front of her started to go around the van and Ms. Garman followed. They were travelling very slowly. That is when Local 776 started to shout at them. Some of the comments were "slow down," "you scabs," and then the one man gave them "the finger." Another man made moves like he was going to cross in front of Ms. Garman's car, at which time she had to apply the brake; and, ab. At or about 9:45 a.m. on April 12, 1994, pickets blocked a driver from Burlington Coat Factory from exiting the Roadway Carlisle facility. The vehicle was subsequently followed and harassed by the drivers of a brown pick-up truck and a green Chevy on a public highway. ac. At or about 12:30 p.m. on April 12, 1994, John Sidenberry, the driver of a Ryder truck, who was picking up goods for Lord and Taylor, was blocked by pickets for approximately fifty (50) minutes as he attempted to exit the Roadway facility. Pickets subsequently followed and harassed him on a public highway. ad. During the morning of April 13, 1994, ingress and/or egress of at least three (3) trucks was blocked by pickets. ae. At or about 3:40 p.m. on April 13, 1994, Bob McCoy stopped his truck to permit pickets to cross Roadway Drive. Pickets crowded around the truck and formed an inverted "U" around the vehicle ending at the doors. A picket held his umbrella, so that the employer's video access to the right-hand side of the vehicle would be blocked. Mr. McCoy's right front tire was slashed. One or more of the pickets commented, "Oh look, he has a flat tire," or words to that effect. af. During the afternoon of April 13, 1994, Melissa Stein, an employee of Roadway, was harassed while attempting to cross the picket line. ago Throughout the day on April 14, 1994, pickets allowed egress from the Roadway Carlisle facility only if drivers agreed to allow pickets to inspect the contents of the customer's trailers, coming in and going out; ah. During the afternoon of April 14, 1994, Sheron Shaffer, a Roadway customer, was harassed, including the banging of a sign on her car, by pickets as she attempted to enter the Roadway facility. ai. At or about 7:00 p.m. on April 14, 1994, a truck was blocked from exiting the facility. He carried no load. In spite of assistance from the Silver Springs police, pickets blocked the exit for more than thirty (30) minutes. A strike captain was present during the incident. aj. At or about 11:00 a.m. on April 15, 1994, pickets blocked ingress of a Black Freightliner truck with a Conrail trailer as it entered the Roadway facility. The truck eventually entered the facility. When the truck attempted to exit the -8- ,,",,,,>..,,;,' . facility, pickets inspected the driver's paperwork. Pickets told the driver that he was doing their work. Pickets told him they would follow him for the rest of the day and protest. Pickets blocked his exit from the facility until approximately 2:00 p.m. One or more picket(s) in a pickup truck followed the Black Freightliner truck from Roadway Drive to a location close to the Conrail yard on Industrial Road in Harrisburg. Another car approached and the occupants of that car threw rocks or other material at a front tire of the truck. ak. At or about 7:00 p.m. on April 16, 1994, pickets interfered with the right of a third party, Robert Diehl, who owns property along Roadway Drive, to enter and/or exit the area of the emergency turnaround. Mr. Diehl has threatened legal action if pickets do not vacate the road surface and allow free access on Roadway Drive in the vicinity of his property. He fears that a sale of his property will be hindered, jeopardized or defeated by the picketing and interference with ingress/egress on Roadway Drive in the vicinity of his property. al. At or about 11:25 a.m. on April 18, 1994, a truck picking up a delivery for Rite Aid was blocked by pickets as it attempted to exit Roadway Drive. The pickets slowly proceeded toward Route 11. The pickets blocked the exit of the truck until approximately 11:40 a.m. The driver refused to allow pickets to inspect his truck, based on the nature of the cargo. am. At or about 12:30 p.m. on April 18, 1994, a Biddle Company truck was blocked as it attempted to exit Roadway Drive by pickets. The pickets slowly proceeded toward Route 11. The pickets blocked the truck until approximately 12:39 p.m. Charles -9- /..'... 'liitr' W~~-':<if'I<f"'~'<i:.s....i"i ,( Shughart was on the strike line and yelled, "Like this mother fucker," or words to that effect, at management representatives and security guards. an. At or about 1:45 p.m. on April 18, 1994, pickets flashed mirrors at management representatives and Pinkerton security in an attempt to harass. ao. At or about 2:25 p.m. on April 18, 1994, pickets blocked a Visible System truck from exiting Roadway Drive. ap. At or about 3:25 p.m. on April 18, 1994, a picket, Greg Gates, stepped in front of a truck to make it appear that he had been struck and injured by the truck. Brian Stambaugh, a strike captain, was present on the picket line at the time. aq. At or about 3:42 p.m. on April 18, 1994, a New Deal truck was blocked by pickets as it attempted to exit Roadway Drive. The pickets proceeded slowly toward Route 11. The pickets blocked the truck until approximately 3:55 p.m. ar. At or about 12:53 p.m. on April 19, 1994, a truck from Harrisburg Electrical Supply, who was picking up freight for "Indeeco," approached the picket line and talked to Mark Page. The driver refused to allow pickets to search or look in his unit. Pickets told him it would take him 45 minutes to get out. as. At or about 1:08 p.m. on April 19, 1994, the truck from Harrisburg Electrical Supply tried to exit. The driver would not allow the pickets to look in his vehicle. The picket line then moved in front of the truck and blocked his exit for almost thirty (30) minutes. -10- at. On or about April 19, 1994, a Roadway unit at the Pennsylvania Distribution Center for AMP Incorporated off Route 114 in Mechanicsburg was damaged. au. At or about 10:00 a.m. on April 20, 1994, ingress of four (4) vehicles picking up shipments for the New Cumberland Army Depot were delayed for two hours and forty-nine minutes as they attempted to enter the facility. Charles Shughart, Business Agent for Local 776, and Andy Reiley, Strike Captain, were on the line during the incident. avo At or about 11:30 a.m. on April 20, 1994, Roadway Drive was totally blocked by: (1) a vehicle (hot dog van) operated by the Union; (2) a vehicle operated by Charles Shughart; and (3) trucks for the New Cumberland Army Depot. aw. At or about 11:30 a.m. on April 20, 1994, a picket attempted to block videotaping of the blockage of New Cumberland Army Depot trucks by using a blue and white umbrella. ax. At various times throughout the day on April 20, 1994, one picketer, Kenny Burrows, flashed mirrors at Roadway management and security personnel in an effort to harass and interfere with videotaping. ay. During the morning of April 21, 1994, pickets were stopping tractor trailer trucks attempting to enter Roadway's facility, prior to the time the trucks reached the picket line, effectively forming two or more picket line locations. -11- . az. On April 21, 1994, pickets began videotaping the contents of tractor trailer trucks attempting to enter or to exit the facility. bb. Incidents continue to occur on the date as the second amended pleading is being filed. 6. Defendants and others acting in concert with them have shown no intent to comply with said Consent Order. Wherefore, Plaintiff moves this Court to enter an Order for enforcement of the Consent Order issued on April 8, 1994, and respectfully requests that all costs of enforcement be assessed against the Defendants. thy UC AN INGERSOLL PROPESSIONAL CORPORATION 30 N. Third St., Eighth Floor Harrisburg, PA 17101 Phone: (717) 237-4808 Counsel for Plaintiff, Roadway Express, Inc. Date: April 21, 1994 HBG042:C:IWPSIIROADWAYIAMENDEN2,MTNISMo -12- I!;1fMIRIT .& "-.-., 'l::\>l::~~ , . ROADWAY EXPRESS, .INC., plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY V. CHAUFFERS, TEAMSTERS AND HELPERS, LOCAL UNION NO. 776 OF THE BROTHERHOOD OF TEAMSTERS AND THOMAS B. GRIFFITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY,: Defendants NO. 94-1782 EQUITY TERM ORDER OF COURT AND NOW, this 8th day of April, 1994, this matter having been called this date on a petition by plaintiff, Roadway Express, Inc., seeking a preliminary injunction ancillary to a complaint in equity, and the parties having reached an agreement to the entry of a consent order, it is ordered that: 1. The defendant and their officers, agents, employees and members, and those acting in concert with them, or having notice of the Court's order, temporarily until hearing, and perpetually thereafter are enjoined from: a. seizing, obstructing, or interfering in any way by force or displays of force, by numbers, by threats, by acts of intimidation or violence, or by any conduct that deprives any such employee or other person of the free and complete access, egress, or ingress by anyone from any of the facilities of the plaintiff; b. directly impeding, obstructing, hampering, or interfering with the business or the operations of the plaintiff; c. directly interfering with the deliveries, unloading, and dispatch of supplies, materials, and equipment to and [rom plaintiff's faciLities; ~ . d. inducing or attempting to induce by any threats of force or violence any customers, vendors, subcontractors or employees of the plaintiff to not enter any of the plaintiff's facilities; e. interfering with, hindering or annoying any employees, agents, or representatives of the plaintiff who may desire to enter or leave any of the facilities of the plaintiff for any purpose, by force or displays of force, by numbers, by threats, by acts of intimidation or violence, or by any conduct that deprives any such employee or other person of the free enjoyment of his legal rights or access to and from the plaintiff's facilities; f. having, causing, or permitting more than 40 pickets at any time to be at or remain near any entrance or exit of any facility of the plaintiff. such pickets are limited to no more than one line and one location either along Roadway Drive, or the actual entrance to the plaintiff's property. Such pickets must remain off the property of the plaintiff, and in motion, and be spaced at least 4.5 feet apart in a single line, and conduct themselves in such a manner as not to block the use of the entrances or exits of the plaintiff's property as designated by the plaintiff for ingress or egress of any person or vehicle desiring to enter or leave the same; g. no picket parking will be permitted within 100 feet from the entrance to Roadway marked by a painted line; h. unlawfully trcspasBing or loitering in the plaintiff's parking lot(s) or garagc(s) or the vicinity thereof, in furtherance of picketing and using the said parking lot(s) and/or garage(s) for the purpose of intimidating any employee, customer, vendor, representative, or agent of Roadway or any r " If I' ;\ :i . " .,".... . ./',.... ~ ., , . other individual who may wish to enter any facility of the plaintiff. :: '. j: r 2. The plaintiff post a bond in the amount of $500.00 as security in this matter. 3. The Court will retain jurisdiction of this complaint to determine that the decree of the Court is obeyed, and 4. The Court will grant such other relief, including money damages, as the Court shall dee~ ap.Jrop~~atey /," .,' By the Court,.' . : :' I I \ ! : \. \ }/:../ :!..' { ~",,,,,,,'I".." Edgar B. Bay'\ey, J.-_ -.. Kathryn Speaker MacNett, Esquire For Plaintiff Ronald Tomasko, Esquire For Defendants :prs TRUE COpy FROM RECORD In Testimony whereof, , here unt~ set my bill and the seal of said Court at Carlisle, Pa. qtj 1.'1 IVl clay ot ~~..... 19_ 1.. s ....... .......... .. ...' . O.D~_ \J:l~.D.~,-=-1 ................. Prothono~ry Ron Matalavage ?5 . . VERIFICATION I, Ron Matalavage, depose and say that I am the District Manager, District 2, for Roadway Express, Inc., the Plaintiff in the foregoing matter, and am duly authorized to make this Affidavit on its behalf; that the averments of fact contained in the foregoing Motion, so far as made of my own knowledge, are true and correct, and so far as they are based on information received from others, I am reliably informed and believe them to be true and correct. This Verification is made subject to the provisions of 18 Pa. C.S. 63904, relating to unsworn falsification to authorities. (."/:'o..~ . r VERIFICATION I, Monty Crossley, depose and say that I am the Terminal Manager for Roadway Express, Inc., the Plaintiff in the foregoing matter, and am duly authorized to make this Affidavit on its bshalf; that the averments of fact contained in the foregoing Motion, so far as made of my own knowledge, are true and correct, and so far as they are based on information received from others, I am reliably informed and believe them to be true and correct. This Verification is made sUbject to the provisions of 18 Pa. C.S. 63904, relating to unsworn falsification to authorities. . -. , COURT OF COMMON PLEAS COMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIFF, V. CHAUPFERS, TEAMSTERS AND HELPERS, LOCAL UNION NO. 776 OF THE BROTHERHOOD OF TEAMSTERS AND THOMAS B. GRIPFITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEFENDANTS. I I I DOCKET NO. 94-1782 Bquity Term I I I I I I I I I hereby certify that true and correct copies of the Second Amended Petition To Show Cause Why Defendants Should Not Be Held In Contempt Of Court, the Second Amended Motion For Enforcement Order and the Motion To Schedule Hearing Pursuant To Order Of The Court were served upon the following persons this 21st day of April, 1994: Court of Common Pleas Cumberland County 1 Courthouse Square Carlisle, PA 17013 Thomas B. Griffith, President Chauffers, Teamsters and Helpers Local 776 2552 Jefferson Street Harrisburg, PA 17110 Ira H. Weinstock, Esquire Suite 100, 800 N. Second Street Harrisburg, PA 17102 Hand Delivery First Class Mail Hand Delivery Respectfully submitted, ~7Y~p . Susan M~blin, Secretary to Kathy Speaker MacNett, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third Street, Eighth Floor Harrisburg, PA 17101 (717) 237-4808 HBG042:C:\WP5IIROADWA YICERT.DOCISMo . rJA- APR 2 1 1994 I I I DOCKET NO. 94-1782 Equity Term I I I I I I I I COURT OF COMMON PLEAS COMBERLAND COtJN'l'Y COMMONWEALTH OF PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIFP, V. CHAUPFERS, TEAMSTERS AND HELPERS, LOCAL UNION NO. 776 OP THE BROTHERHOOD OF TEAMSTERS AND THOMAS B. GRIFFITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEFENDANTS. ORDER OF COURT AND NOW, this day of ;~/Atday of April, 1994, it is hereby Ordered and Decreed that a hearing on the Contempt Citation is set for the c:25t~day of April, 1994, at .;;: 00 0' clock p.m., in -;r Courtroom No. ~ Cumberland County, Pennsylvania. By the Court /J / i J. -. nPR Z I I 25 fH 'g,J . :.ifJeE OF -:'~l ;; :.IHOWJfM'l r.Ut4f;[t-!.At.f! :;I'I,~:r ,.y PiNI.n.: ~-__ff lj'~ . ".,..~..~.;4'"",;;...."". :l g ! ~ ! Ii II 'i II ~Bd IE U~!i ! u~h ~ ~ z R . - A f';; ,) 1 ." I 1000:' ""-.11 " ... , .' COURT OF COMMON PLEAS COMBERLAND COtJN'l'Y COMMONWEALTH OF PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIFF, V. CHAUFFERS, TEAMSTERS AND HELPERS, LOCAL UNION NO. 776 OP THE BROTHERHOOD OF TEAMSTERS AND THOMAS B. GRIPPITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEFENDANTS. I I I DOCKET NO. 94-1782 Equity Term I I I I I I I I SECOND AMENDED PETITION TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT OF COURT ~- To The Honorable Judges of Said Court: Roadway Express, Inc., by and through its attorneys, Buchanan Ingersoll Professional Corporation, hereby petitions this Court to enter an Order on Defendants to show cause why they should not be held in contempt, and respectfully represents: 1. On Friday, April 8, 1994, after presentment of a Complaint, affidavits and the posting of security in the amount of Five Hundred Dollars ($500.00), this Court issued an Order in joining the named Defendants, and all other parties acting in concert with them. A true and correct copy of the said Consent Order is attached hereto, made a part hereof, and marked as Exhibit "A". 2. At the time the Consent Order was issued, counsel for the Chauffers, Teamsters and Helpers Local 776 Union ("Local 776"), Ronald Tomasko, Esquire of the firm Ira H. Weinstock, , , , P.C., was present in the Courtroom and was made aware of the contents of said Consent Order. Said attorney accepted service for Local 776 and its members. True and correct copies of said Consent Order were served on the parties on April 8, 1994. 3. Plaintiff has reproduced true and correct copies of said Consent Order, that have been served on the pickets at or near Plaintiff's facilities, but the pickets and persons acting in concert with them have refused and continue to refuse to obey the terms of the said Consent Order. 4. Since April 8, 1994, Plaintiff has continually demanded of Defendants and all persons and pickets acting in concert with them that the terms of said Consent Order be obeyed. 5. The Defendants and others acting in concert with them have violated and have shown their intent to continue to violate the Consent Order issued on April 8, ~994, by the following actions: a. At or about ~0:45 a.m. on April 9, 1994, the Defendants and others acting in concert with them caused and permitted approximately fifty-four (54) pickets to mass at and near the entrances to Plaintiff's facilities located at Roadway's Carlisle facility, Middlesex Township, Cumberland County, Pennsylvania, and walk across Roadway Drive; b. During the morning hours, from approximately 10:00 a.m. to 12:00 p.m., on April 9, 1994, pickets walked in a loop across Roadway Drive in express violation of the Consent Order; c. At or about 12:00 p.m. on April 9, 1994, approximately forty (40) pickets' cars parked in the emergency turnaround location in violation of the express language -2- , '. . . " . contained in the Consent Order prohibiting parking within 100 feet of the area; d. At or about 12:30 p.m. on April 9, 1994, a Federal Express vehicle stopped and pickets circled that vehicle blocking it from entering the Roadway facility in express violation of the Consent Order; e. During the mid-afternoon of April 9, 1994, a picket, identified as Bob Weakland, began using a large mirror to harass security guards and management personnel; and, f. At or about 5:40 p.m. on April 9, 1994, a picket's car was parked in the emergency turnaround in express violation of Section 6 (a) of the Consent Order; g. At or about 7:59 p.m. on April 9, 1994, pickets shined spotlights in the eyes of security personnel for Roadway; h. At or about 9:30 p.m. on April 9, 1994, pickets numbers forty-one (41) on line and twelve (12) more in area; i. On April 10, 1994, Augie Tokis, a Roadway striker who is approximately 6'4", carried a waist-high stick on the picket line through most of the day; j. At or about 7:15 a.m. on April 11, 1994, a truck pulled into Roadway Drive with an ASF trailer. Two individuals stopped the trailer and talked to the pickets. The trailer did not proceed into the facility; k. At or about 7:30 a.m. on April 11, 1994, there were a total of sixty-three (63) pickets on Roadway Drive; 1. At or about 9:10 a.m. on April 11, 1994, fifty- nine (59) cars were parked on Roadway Drive; -3- . I . I : , ~~r ,;~t ~ , , m. At or about 9:30 a.m. on April 11, 1994, a total of one hundred ten (110) picketers were on Roadway Drive; n. At or about 10:00 a.m. on April 11, 1994, Sheriff Tom Kline and Chief Sherman told Roadway representatives that they had received a report of C-4 explosives strapped to a diesel tank. Roadway maintains a one million gallon tank close to the area of the picketing. The report indicated that the explosives would explode at 11:00 a.m. Rupture of that tank would cause extreme damage and would cause the spill of a hazardous substance; o. At or about 10:00 a.m. on April 11, 1994, pickets formed a line and would not allow a Verbose truck to proceed normally toward Route 11. pickets formed a line and walked very slowly in front of the tractor trailer. The activity of the pickets significantly slowed the progress of the tractor trailer between the Roadway Carlisle facility and Route 11; p. At or about 10:08 a.m. on April 11, 1994, a Leslie Faye truck driver backed his vehicle away without entering the facility after pickets crowded around his trailer, and a Union leader talked to the driver; q. At or about 12:00 p.m. on April 11, 1994, Chuck Shughart approached a Miller Trucking tractor trailer driven by Stephen Batalka, and talked to Batalka. Shughart required Batalka to open the back of the truck so that he could look in. Shughart also told him that he wished to examine the contents after the driver picked up his load; r. While the tractor trailer was proceeding toward Route 11, pickets hollered, "People will follow you wherever you -4- ;;;,:' .' " ;'< 1; ~o go when you get to Route 11" (or words to that effect). Pickets also chanted 'scab," called the driver a low life and said they hoped he could sleep at night. Charles Shughart also screamed "It is going to be a long day, buddy, a long day;" s. On April 11, 1994, pickets massed and formed a line that blocked the exit of the same Miller Trucking tractor trailer. Pickets moved down Roadway Drive in front of the tractor trailer until it reached the area of Carlisle Trucking. As a result, it took approximately 45 to 50 minutes for the tractor trailer to proceed from the gate area to Route 11; t. Once the tractor trailer reached Route 11, Steve Hockenberry, a Union member and striker, followed the tractor trailer. He stopped and took video of the tractor trailer, which had been stopped by the police; u. During the afternoon of April 11, 1994 and other occasions, technical violations were also observed. Pickets were ~.i sometimes two deep. Pickets were not spaced 4.5 feet apart as they walked, as required by the Consent Order. Pickets were close enough to be holding hands. Pickets' cars were parked within 100 feet of the turnaround. Two pickets held and shined mirrors at security and management to impede videotaping of the unlawful interference with the Miller Trucking tractor trailer; v. At or about 3:11 p.m. on April 11, 1994, a truck was proceeding toward Route 11 until pickets blocked him. The driver, Ian Peters, tried to proceed throughout the gap in the line. Andy Reiley, a picket, blocked the truck and pushed on the truck and banged on the hood. Peters, a Roadway maintenance worker, then backed toward the gate area (the gate area is -5- J: closest to the Roadway buildings at the opposite end of Route 11 from Roadway Drive) at a slower speed, and traveled a distance of about 50 to 75 feet. Mr. Peters stopped because Mr. Reiley was saying that Mr. Peters had better not injure him in any way. At this point Mr. Reiley hollered for additional help. Pickets threatened Peters by stating that the would bust his "fucking r ,. i , ~ head open;" , , ;,' w. At or about 3:00 to 4:00 p.m. on April 11, 1994, two (2) customers individually reported to me as they entered the facility that they were intimidated by the requests to search their vehicles. One woman was from Ascot Enterprises. The second woman, who was accompanied by her infant child, was from Thomas Marie Toll, and was visibly upset and exhibited stuttered speech and kept looking around; x. On April 11, 1994, a picket had a stick without a picket sign; y. Throughout the day on April 11, 1994, pickets routinely asked drivers of incoming trucks or vans to honor their picket line, and interrogated drivers as to the type of commodity they were picking up; z. At or about 7:45 a.m. on April 12, 1994, Linda Young approached the picket line and pulled behind a little metal truck. She then heard the pickets yelling behind her, so she looked in her rearview mirror. She saw the men looking like they were going to walk in front of a little silver car (Wanda Garman). They were yelling at Ms. Garman loud enough that she heard them with her windows up and her radio on; .. ~ .1 1 ~ , -6- -l;.,p,~. .. . I?~""';'-- \ \i aa. At or about 7:45 a.m. on April 12, 1994, Local 776 had a gray van stopped in the lane of Wanda Garman. The car in front of her started to go around the van and Ms. Garman followed. They were travelling very slowly. That is when Local 776 started to shout at them. Some of the comments were "slow , ., .i f ! ~ . r ;. . :' down," "you scabs," and then the one man gave them "the finger." \ f ~ j- Another man made moves like he was going to cross in front of Ms. Garman's car, at which time she had to apply the brake; ab. At or about 9:45 a.m. on April 12, 1994, pickets blocked a driver from Burlington Coat Factory from exiting the Roadway Carlisle facility. The vehicle was subsequently followed and harassed by the drivers of a brown pick-up truck and a green Chevy on a public highway. ac. At or about 12:30 p.m. on April 12, 1994, John Sidenberry, the driver of a Ryder truck, who was picking up goods for Lord and Taylor, was blocked by pickets for approximately fifty (50) minutes as he attempted to exit the Roadway facility. Pickets subsequently followed and harassed him on a public highway. , ad. During the morning of April 13, 1994, ingress and/or egress of at least three (3) trucks was blocked by pickets. ae. At or about 3:40 p.m. on April 13, 1994, Bob McCoy stopped his truck to permit pickets to cross Roadway Drive. Pickets crowded around the truck and formed an inverted "U" around the vehicle ending at the doors. A picket held his umbrella, so that the employer's video access to the right-hand side of the vehicle would be blocked. Mr. McCoy's right front -7- "'." '...., /-,,~j , ",...---~ \ r . " i '1 '~ tire was slashed. One or more of the pickets commented, 'Oh look, he has a flat tire," or words to that effect. af. During the afternoon of April 13, 1994, Melissa Stein, an employee of Roadway, was harassed while attempting to cross the picket line. ago Throughout the day on April 14, 1994, pickets allowed egress from the Roadway Carlisle facility only if drivers agreed to allow pickets to inspect the contents of the customer's trailers, coming in and going out; ah. During the afternoon of April 14, 1994, Sheron Shaffer, a Roadway customer, was harassed, including the banging of a sign on her car, by pickets as she attempted to enter the i ! ; 1 Roadway facility. ai. At or about 7:00 p.m. on April 14, 1994, a truck was blocked from exiting the facility. He carried no load. In spite of assistance from the Silver Springs police, pickets blocked the exit for more than thirty (30) minutes. A strike captain was present during the incident. aj. At or about 11:00 a.m. on April 15, 1994, pickets blocked ingress of a Black Freightliner truck with a Conrail trailer as it entered the Roadway facility. The truck eventually entered the facility. When the truck attempted to exit the facility, pickets inspected the driver's paperwork. Pickets told the driver that he was doing their work. Pickets told him they would follow him for the rest of the day and protest. Pickets blocked his exit from the facility until approximately 2:00 p.m. One or more picket(s) in a pickup truck followed the Black Freightliner truck from Roadway Drive to a location close to the -8- \ Conrail yard on Industrial Road in Harrisburg. Another car approached and the occupants of that car threw rocks or other material at a front tire of the truck. ak. At or about 7:00 p.m. on April 16, 1994, pickets interfered with the right of a third party, Robert Diehl, who owns property along Roadway Drive, to enter and/or exit the area of the emergency turnaround. Mr. Diehl has threatened legal action if pickets do not vacate the road surface and allow free access on Roadway Drive in the vicinity of his property. He fears that a sale of his property will be hindered, jeopardized or defeated by the picketing and interference with ingress/egress on Roadway Drive in the vicinity of his property. al. At or about 11:25 a.m. on April 18, 1994, a truck picking up a delivery for Rite Aid was blocked by pickets as it attempted to exit Roadway Drive. The pickets slowly proceeded toward Route 11. The pickets blocked the exit of the truck until approximately 11:40 a.m. The driver refused to allow pickets to inspect his truck, based on the nature of the cargo. am. At or about 12:30 p.m. on April 18, 1994, a Biddle Company truck was blocked as it attempted to exit Roadway Drive by pickets. The pickets slowly proceeded toward Route 11. The pickets blocked the truck until approximately 12:39 p.m. Charles Shughart was on the strike line and yelled, "Like this mother fucker," or words to that effect, at management representatives and security guards. an. At or about 1:45 p.m. on April 18, 1994, pickets flashed mirrors at management representatives and Pinkerton security in an attempt to harass. } ,. -9- . ao. At or about 2:25 p.m. on April 18, 1994, pickets blocked a Visible System truck from exiting Roadway Drive. ap. At or about 3:25 p.m. on April 18, 1994, a picket, Greg Gates, stepped in front of a truck to make it appear that he had been struck and injured by the truck. Brian Stambaugh, a strike captain, was present on the picket line at the time. aq. At or about 3:42 p.m. on April 18, 1994, a New Deal truck was blocked by pickets as it attempted to exit Roadway Drive. The pickets proceeded slowly toward Route 11. The pickets blocked the truck until approximately 3:55 p.m. ar. At or about 12:53 p.m. on April 19, 1994, a truck from Harrisburg Electrical Supply, who was picking up freight for "Indeeco," approached the picket line and talked to Mark Page. The driver refused to allow pickets to search or look in his unit. Pickets told him it would take him 45 minutes to get out. as. At or about 1:08 p.m. on April 19, 1994, the truck from Harrisburg Electrical Supply tried to exit. The driver would not allow the pickets to look in his vehicle. The picket line then moved in front of the truck and blocked his exit for almost thirty (30) minutes. at. On or about April 19, 1994, a Roadway unit at the Pennsylvania Distribution Center for AMP Incorporated off Route 114 in Mechanicsburg was damaged. au. At or about 10:00 a.m. on April 20, 1994, ingress of four (4) vehicles picking up shipments for the New Cumberland Army Depot were delayed for two hours and forty-nine minutes as -10- , they attempted to enter the facility. Charles Shughart, Business Agent for Local 776, and Andy Reiley, Strike Captain, were on the line during the incident. avo At or about 11:30 a.m. on April 20, 1994, Roadway Drive was totally blocked by: (1) a vehicle (hot dog van) operated by the Union; (2) a vehicle operated by Charles Shughart; and (3) trucks for the New Cumberland Army Depot. aw. At or about 11:30 a.m. on April 20, 1994, a picket attempted to block videotaping of the blockage of New CUmberland Army Depot trucks by using a blue and white umbrella. ax. At various times throughout the day on April 20, 1994, one picketer, Kenny Burrows, flashed mirrors at Roadway management and security personnel in an effort to harass and interfere with videotaping. ay. During the morning of April 21, 1994, pickets were stopping tractor trailer trucks attempting to enter Roadway's facility, prior to the time the trucks reached the picket line, effectively forming two or more picket line locations. az. On April 21, 1994, pickets began videotaping the contents of tractor trailer trucks attempting to enter or to exit the facility. bb. Incidents continue to occur on the date as the second amended pleading is being filed. 6. Said activity has necessitated numerous trips to the facility by Middlesex Township police and the members of the CUmberland County Sheriff's office. -11- .. , . ~;, ,~. '0 "l~"'::'" .~~;~~."t~.i~~;~.1~~.i~~lI~~;t 7. Said activities continue even as this petition is filed. 8. Thomas Griffith, President, Charles Shughart, Business Agent and other business agents and/or strike captains of Teamsters Local 776, including Andy Reiley, have been present during, or have participated in, certain of the incidents, which are described above, violating the Consent Order. 9. Defendants, in an attempt to resolve their violations of the Consent Order without need for additional court intervention, have been reporting the infractions of the Consent Order to either Charles Shughart, or counsel to Local 776. Violations continued. 10. The failure of the Defendants and others acting in concert with them to comply with the Consent Order issued on April 8, 1994, has damaged and interfered with the lawful operations with the limited lawful operation of the Plaintiff, and has cost the Plaintiff additional sums of money to have said Consent Order enforced and has caused and will continue to cause irreparable injury to the Plaintiff. 11. Defendants and others acting in concert with them have shown no intent to comply with said Consent Order. 12. The aforesaid actions and conduct of the Defendants and others acting in concert with them were willful, malicious and deliberate violations of the said Consent Order. Wherefore, Plaintiff prays: -12- ( a. That the Defendants and others acting in concert with them be adjudged in civil contempt of the Consent Order issued on April 8, 1994. b. That a fine of Twenty Thousand Dollars 1$20,000.00), payable to the Commonwealth of Pennsylvania for the use of the Plaintiff be conditionally imposed upon the Defendants, Chauffers, Teamsters and Helpers, Local Union No. 776 of the Brotherhood of Teamsters and Thomas B. Griffith, President, and John and Jane Does, Individually, all individually and as Trustees ad litem, with obligation to pay such fine to be absolute and immediate unless Defendants and those acting in concert with Defendants forthwith fully comply with the Consent Order issued on April 8, 1994, and that a further fine of Ten Thousand Dollars 1$10,000.00), payable to the Commonwealth of Pennsylvania for the use of the Plaintiff be imposed for each and every day hereafter that the Defendants or those acting in concert with them continue to fail to comply with the Consent Order issued on April 8, 1994. c. That the Defendants place Twenty Thousand Dollars 1$20,000.00) in escrow with the Sheriff of Cumberland County to cover the costs of the enforcement of the Consent Order issued on April 8, 1994. d. That all terms and conditions of the original Consent Order, unless modified herein, should be obeyed. -13- . 'ett'.-".,..,.._-,;:..,~o':"""""",,, e. That the Court affirm terms and conditions of the original Consent Order, including interference with the rights of the Plaintiff with regard to the following: 1. That pickets allow unrestricted access at any and all times by Plaintiff's employees, customers, vendors, visitors, attorneys and all other agents to Plaintiff's premises. 2. That pickets break their picket line and allow vehicles to enter and leave the facility; or, in the alternative, that pickets not be allowed on the road surface of Roadway Drive. 3. That pickets may only park on one (1) side of Roadway Drive, set back two hundred (200) feet from the turnaround, and the number of cars shall be limited to five (5). 4. That pickets for the ABF facility shall not be allowed to park on Roadway Drive "at any location. 5. That no pickets shall be allowed at the emergency crash gate on the South Middlesex Road side of the Roadway facility. This entrance shall at all times be kept free and clear of all picket activity so that it remains available for unimpeded emergency use. 6. That pickets cease and desist from following any vehicle from the Roadway facility. 7. That pickets cease and desist from the demands that drivers open trailers and allow Union inspection. 8. That pickets be prohibited from picketing at the homes of any persons employed by Roadway. -14- .. 9. That pickets cease and desist using mirrors, spotlights or any other activity to interfere with management videotaping, or interfere in any way with management's lawful activities. 10. That pickets shall not utilize radios for the purpose of coordinating harassment of any driver or any other person. 11. That pickets be prohibited from walking up or down Roadway Drive in front of vehicles, and instead be required to walk across Roadway Drive as intended by the Consent Order. f. That this Honorable Court further limit the number of pickets to no more than ten (10), based on the continuance of violations of the Consent Order. g. That this Honorable Court authorize the Sheriff and/or local police to strictly enforce the provisions of this Order. h. That your Honorable Court grant such Consent Order and further relief as may be fitting and proper under the circumstances. -15- i. That this Honorable Court retain jurisdiction of this matter until the labor dispute has ended. Respectfully submitted, ~ e er MacNett, Esquire ohn R. Johnson, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third St., Eighth Floor Harrisburg, PA 17101 Phone: (717) 237-4808 Counsel for Plaintiff, Roadway Express, Inc. Date: April 21, 1994 HIKlO42:C:IWP5IIROADWAYIAMENDEN2.MTNISMO -16- "r~ ,,_ <' ~ ~.. ".~.". I:VUIDft' A '-, " _.~,;",.,~~ ROADWAY EXPRESS, ,INC., plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY V. CHAUFFERS, TEAMSTERS AND HELPERS, LOCAL UNION NO. 776 OF THE BROTHERHOOD OF TEAMSTERS AND THOMAS B. GRIFFITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY,: Defendants NO. 94-1782 EQUITY TERM ORDER OF COURT AND NOW, this 8th day of April, 1994, this matter having been called this date on a petition by plaintiff, Roadway Express, Inc., seeking a preliminary injunction ancillary to a complaint in equity, and the parties having reached an agreement to the entry of a consent order, it is ordered that: 1. The defendant and their officers, agents, employees and members, and those acting in concert with them, or having notice of the Court's order, temporarily until hearing, and perpetually thereafter are enjoined from: a. seizing, obstructing, or interfering in any way by force or displays of force, by numbers, by threats, by acts of intimidation or violence, or by any conduct that deprives any such employee or other person of the free and complete access, egress, or ingress by anyone from any of the facilities of the plaintiff; b. directly impeding, obstructing, hampering, or interfering with the business or the operations of the plaintiff; c. directly interferinq with the deliveries, unloading, and dispatch of supplies, materials, and equipment to and from plaintiff's facilities; . . d. inducing or attempting to induce by any threats of force or violence any customers, vendors, subcontractors or employees of the plaintiff to not enter any of the plaintiff's facilities; e. interfering with, hindering or annoying any employees, agents, or representatives of the plaintiff who may desire to enter or leave any of the facilities of the plaintiff for any purpose, by force or displays of force, by numbers, by threats, by acts of intimidation or violence, or by any conduct that deprives any such employee or other person of the free enjoyment of his legal rights or access to and from the plaintiff's facilities; f. having, causing, or permitting more than 40 pickets at any time to be at or remain near any entrance or exit of any facility of the plaintiff. Such pickets are limited to no more than one line and one location either along Roadway Drive, or the actual entrance to the plaintiff's property. Such pickets must remain off the property of the plaintiff, and in motion, and be spaced at least 4.5 feet apart in a single line, and conduct themselves in such a manner as not to block the use of the entrances or exits of the plaintiff's property as designated by the plaintiff for ingress or egress of any person or vehicle desiring to enter or leave the same; g. no picket parking will be permitted within 100 feet from the entrance to Roadway marked by a painted line; h. unlawfully trespassing or loitering in the plaintiff's parking lot(s) or garage(s) or the vicinity thereof, in furtherance of picketing and using the said parking lot(s) and/or garage(s) for the purpose of intimidating any employee, customer, vendor, representative, or agent of Roadway or any other individual who may wish to enter any facility of the plaintiff. 2. The plaintiff post a bond in the amount of $500.00 as security in this matter. 3. The Court will retain jurisdiction of this complaint to determine that the decree of the Court is obeyed, and 4. The Court will grant such other relief, including money damages, as the Court shall dee~ ap'P(rop~~ater I/. / " ,BY the cO~.ftJ"; . . I \ ~ .... . '~.I,/".J. IN 1".,.. \ ..., 1. Edgar B. Bay'\ey, J.-_ ...... Kathryn Speaker MacNett, Esquire For plaintiff Ronald Tomasko, Esquire For Defendants :prs TRUE COpY FROM RECORD In Testimony whereol, I here unt~ set my \JiIIlI and- the seal of said Court al Carhsle, Pa. qlj ~V1 day ot t:-(Ml..;..Q...., 19._ lhla ....... ....-... .. .... . 0 ;t.. I>h.O.~~~~,- f ~~ -'"...... Prothonotary ",~" ,.;;:. :'~.;."!:..,..>~ ,..:.. .,~, .l ......~.' ..~,., "'t:.' . .:',~' ""'W,k,...,.1I VERIFICATION FOR SECOND AMENDED PETITION TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT OF COURT I, Ron Matalavage, depose and say that I am the District Manager, District 2, for Roadway Express, Inc., the Plaintiff in the foregoing matter, and am duly authorized to make this Affidavit on its behalf; that the averments of fact contained in the foregoing Petition, so far as made of my own knowledge, are true and correct, and so far as they are based on information received from others, I am reliably informed and believe them to be true and correct. This Verification is made subject to the provisions of 18 Pa. C.S. 63904, relating to unsworn falsification to authorities. c~ a. ~ Ron Matalavage /"" , ~ , VERIFICATION FOR SECOND AMENDED PETITION TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT OF COURT I, Monty Crossley, depose and say that I am the Terminal Manager for Roadway Express, Inc., the Plaintiff in the foregoing matter, and am duly authorized to make this Affidavit on its behalf; that the averments of fact contained in the foregoing Petition, so far as made of my own knowledge, are true and correct, and so far as they are based on information received from others, I am reliably informed and believe them to be true and correct. This Verification is made subject to the provisions of 18 Pa. C.S. 63904, relating to unsworn falsification to authorities. 7 1/ ( /! '( J (.1 A- '1 ,-"j)\. , /1,... Monty c[oss\ey I / I r: "'" I f , . . COURT OF COMMOH PLEAS CUMBBRLAHD COUNTY COMMONWBALTH OF PBNHSYLVAHIA ROADWAY BXPRBSS, IHC., PLAINTIFF, V. CHAUPFBRS, TBAMSTBRS AND BBLPBRS, LOCAL UNIOH HO. 776 OF TBB BROTBBRBOOD OF TBAMSTBRS AND THOMAS B. GRIFFITH, PRBSIDBNT, JOHN AND JAHB DOBS, INDIVIDUALLY, DBFBNDANTS. I I I DOCKET HO. 94-1782 Bquity Ter.m I I I I I I I I I hereby certify that true and correct copies of the Second Amended Petition To Show Cause Why Defendants Should Not Be Held In Contempt Of Court, the Second Amended Motion For Enforcement Order and the Motion To Schedule Hearing Pursuant To Order Of The Court were served upon the following persons this 21st day of April, 1994: Court of Common Pleas Cumberland County 1 Courthouse Square Carlisle, PA 17013 Thomas B. Griffith, President Chauffers, Teamsters and Helpers Local 776 2552 Jefferson Street Harrisburg, PA 17110 Ira H. Weinstock, Esquire Suite 100, 800 N. Second Street Harrisburg, PA 17102 HB0042:C:\ WPS I IROADW A Y\CERT.DOCISMO Hand Delivery First Class Mail Hand Delivery Respectfully submitted, tJaI~7l(;~. Susan M. Giblin, Secretary to Kathy Speaker MacNett, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third Street, Eighth Floor Harrisburg, PA 17101 (717) 237-4808 ROADWAY EXPRESS, INC., Plaintiff I I IN THE COURT OF CO~IMON PLEAS OF v I I CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHAUFPEURS, TEAMSTERS AND I HELPERS, LOCAL UNION NO. I 776 OP THE BROTHERHOOD OF TEAMSTERS AND THOMAS B. I GRIFFITH, PRESIDENT, JOHN I AND JANE DOES, INDIVIDUALLY, Defendants 94-1782 EQUITY TERM . . . . IN REI PETITION TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT OF COURT ORDER OF COURT AND NOW, this 15th day of April, 1994, at 4110 p.m., after hearing, the court finding that the defendants have substantially impeded access to and egress from the plaintiff'S premises on Roadway Drive, have exceeded the density of picketers and have otherwise engaged in acts of intimidation, including at least one act of criminal mischief, all of which is in violation of Paragraph 1, Sections A, B, C and F, of the consent order of April 8, ,1994, a citation in contempt is issued. By agreement of counsel, hearing on the within contempt citation shall be scheduled at the request of the plaintiff. By the Court, ,1. '. '" ~ ",",-,' , '- -', , Xathy Speake~~~pNett, Es~ire For the Plainti,ff, ~ . . " Hess. J. r4d- Ira H. WeirMiq#)tir ~Cl1fi~r~tr For the Defendants J v Ibg -~--,1.:"";, --:,- ""n' ..--__-.... ,___.w " _~ , 11LtJ.AL/ >>Azuu,1.. ~ ~.~ ROADWAY EXPRESS,INC., Plaintiff vs. IN THE COURT OF CO .__ CUMBERLAND COUN1'Y;-"PENNSYLV ANIA CIVIL ACIlON - EQUITY CHAUFFERS, TEAMSTERS AND : HELPERS, LOCAL UNION NO. 776 OF THE BROTHER- HOOD OF TEAMSTERS AND THOMAS B. GRIFFITH, PRESIDENT, JOHN AND JANE DOES,INDIVIDUALLY, Defendants NO. 94-1782 EQUITY TERM IN RE: MOTION FOR CONTEMPT AND MOTION FOR ENFORCEMENT OF ORDER ORDER AND NOW, this /'1 ~ day of April, 1994, continued hearing on the plaintiffs motions is set for Friday, April 15, 1994, at 1:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kathryn Speaker MaeNett, Esquire For the Plaintiff -~ ~ I.(./S'.t?'k- L Ronald Tomasko, Esquire , For the Defendants ~~.l .,~/s:.t?tf. '/ Uu- :rlm "~I . "'-.~ ~ '! t APR I~ 3 ~~ PH '9~ t , f .-:.-, .: !' "'!nICE '1;- lilt i ".ij:jO'i~~'t.\".,. f;UHt:Er. I',-UJ Cp~;~lr\' PEr,".; 11, 'tA~,j f' 1~,t.:,'~"'~': 6>v APR 15 1994 ORDER OP COURT AND NOW, this day of April, 1994, it is hereby Ordered and Decreed that a hearing on the Motion for Enforcement Order is set for the day of April, 1994, at a.m. /p.m. in Courtroom No. ___, Cumberland County, Pennsylvania. By the Court: J. COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEAL'l'H OF PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIFF, V. CHAUPFERS. TEAMS'l'ERS AND HELPERS, LOCAL UNION NO. 776 OF TBE BRO'l'HERBOOD OF TEAMS'l'ERS AND 'l'HOHAS B. GRIFFI'l'H, PRESIDENT, UOBH AND JANE DOES, INDIVIDUALLY, DEFENDANTS. I I I DOCKET NO. 94-1782 Equity Term I I I . . I I I AMENDED MOTION FOR ENFORCEMENT ORDER TO THE HONORABLE JUDGES OF SAID COURT: Roadway Express, Inc., by and through its attorneys, Buchanan Ingersoll Professional Corporation, hereby moves this Court to enter an Order enforcing the Order of Court of April 8, 1994, upon the following grounds: 1. On Friday, April 8, 1994, after presentment of a Complaint, affidavits and the posting of security in the amount of Five Hundred Dollars ($500.00), this Court issued a Consent Order against the named Defendants and all other parties acting in concert with them and set April -' 1994, at a.m./p.m. as the date and time for a hearing on the enforcement of the Consent Order. A true and correct copy of the said Consent Order is attached hereto, made a part hereof, and marked as Exhibit "A". 2. At the time the Consent Order was issued, counsel for Chauffers, Teamsters and Helpers Local 776 Union ("Local 776"), and Ronald Tomasko, Esquire of the firm Ira H. Weinstock, P.C., was present in the Courtroom and was made aware of the contents of the said Consent Order. True and correct copies of the said Consent Order were served on Defendant Chauffers, Teamsters and Helpers, Local Union No. 776 of the Brotherhood of Teamsters and Thomas B. Griffith, President, Individually, and John and Jane Does, Individually, all individually and as Trustees ad litem on April 8, 1994. Service was accepted by counsel to Local 776. 3. Plaintiff has reproduced true and correct copies of said Consent Order that have been served on the pickets at or near Plaintiff's facilities, but the persons and pickets acting in concert with them have refused and continue to refuse to obey the terms of the said Consent Order. 4. Since April 8, 1994, Plaintiff has continually demanded of Defendants and all persons and pickets acting in concert with them that the terms of said Consent Order be obeyed. 5. The Defendants and others acting in concert with them have violated and have shown their intent to continue to violate the Consent Order issued on April 8, 1994, by the following actions: a. At or about 10:45 a.m. on April 9, 1994, the Defendants and others acting in concert with them caused and permitted approximately fifty-four (54) pickets to mass at and near the entrances to Plaintiff's facilities located at Roadway's Carlisle facility, Middlesex Township, Cumberland County, Pennsylvania, and walk across Roadway Drive; -2- b. During the morning hours, from approximately 10:00 a.m. to 12:00 p.m., on April 9, 1994, pickets walked in a loop across Roadway Drive in express violation of the Consent Order; c. At or about 12:00 p.m. on April 9, 1994, approximately forty (40) pickets' cars parked in the emergency turnaround location in violation of the express language contained in the Consent Order prohibiting parking within 100 feet of the area; d. At or about 12:30 p.m. on April 9, 1994, a Federal Express vehicle stopped and pickets circled that vehicle blocking it from entering the Roadway facility in express violation of the Consent Order; e. During the mid-afternoon of April 9, 1994, a picket, identified as Bob Weakland, began using a large mirror to harass security guards and management personnel; and, f. At or about 5:40 p.m. on April 9, 1994, a picket's car was parked in the emergency turnaround in express violation of Section 6 (a) of the Consent Order; g. At or about 7:59 p.m. on April 9, 1994, pickets shined spotlights in the eyes of security personnel for Roadway; h. At or about 9:30 p.m. on April 9, 1994, pickets numbers forty-one (41) on line and twelve (12) more in area; i. On April 10, 1994, Augie Tokis, a Roadway striker who is approximately 6'4", carried a waist-high stick on the picket line through most of the day; j. At or about 7:15 a.m. on April 11, 1994, a truck pulled into Roadway Drive with an ASF trailer. Two individuals -3- , . stopped the trailer and talked to the pickets. The trailer did not proceed into the facility; k. At or about 7:30 a.m. on April 11, 1994, there were a total of sixty-three (63) pickets on Roadway Drive; 1. At or about 9:10 a.m. on April 11, 1994, fifty- nine (59) cars were parked on Roadway Drive; m. At or about 9:30 a.m. on April 11, 1994, a total of one hundred ten (110) picketers were on Roadway Drive; n. At or about 10:00 a.m. on April 11, 1994, Sheriff Tom Kline and Chief Sherman told Roadway representatives that they had received a report of C-4 explosives strapped to a diesel tank. Roadway maintains a one million gallon tank close to the area of the picketing. The report indicated that the explosives would explode at 11:00 a.m. Rupture of that tank would cause extreme damage and would cause the spill of a hazardous substance; o. At or about 10:00 a.m. on April 11, 1994, pickets formed a line and would not allow a Verbose truck to proceed normally toward Route 11. Pickets formed a line and walked very slowly in front of the tractor trailer. The activity of the pickets significantly slowed the progress of the tractor trailer between the Roadway Carlisle facility and Route 11; p. At or about 10:08 a.m. on April 11, 1994, a Leslie Faye truck driver backed his vehicle away without entering the facility after pickets crowded around his trailer, and a Union leader talked to the driver; q. At or about 12:00 p.m. on April 11, 1994, Chuck Shughart approached a Miller Trucking tractor trailer driven by -4- Stephen Batalka, and talked to Batalka. Shughart required Batalka to open the back of the truck so that he could look in. Shughart also told him that he wished to examine the contents after the driver picked up his load; r. While the tractor trailer was proceeding toward Route 11, pickets hollered, "people will follow you wherever you go when you get to Route 11" (or words to that effect). Pickets also chanted "scab," called the driver a low life and said they hoped he could sleep at night. Charles Shughart also screamed "It is going to be a long day, buddy, a long day;" s. On April 11, 1994, pickets massed and formed a line that blocked the exit of the same Miller Trucking tractor trailer. Pickets moved down Roadway Drive in front of the tractor trailer until it reached the area of Carlisle Trucking. As a result, it took approximately 45 to 50 minutes for the tractor trailer to proceed from the gate area to Route 11; t. Once the tractor trailer reached Route 11, Steve Hockenberry, a Union member and striker, followed the tractor trailer. He stopped and took video of the tractor trailer, which had been stopped by the police; u. During the afternoon of April 11, 1994 and other occasions, technical violations were also observed. Pickets were sometimes two deep. Pickets were not spaced 4.5 feet apart as they walked, as required by the Consent Order. Pickets were close enough to be holding hands. Pickets' cars were parked within 100 feet of the turnaround. Two pickets held and shined mirrors at security and management to impede videotaping of the unlawful interference with the Miller Trucking tractor trailer; -5- v. At or about 3:11 p.m. on April 11, 1994, a truck was proceeding toward Route 11 until pickets blocked him. The driver, Ian Peters, tried to proceed throughout the gap in the line. Andy Reiley, a picket, blocked the truck and pushed on the truck and banged on the hood. Peters, a Roadway maintenance worker, then backed toward the gate area (the gate area is closest to the Roadway buildings at the opposite end of Route 11 from Roadway Drive) at a slower speed, and traveled a distance of about 50 to 75 feet. Mr. Peters stopped because Mr. Reiley was saying that Mr. Peters had better not injure him in any way. At this point Mr. Reiley hollered for additional help. Pickets threatened Peters by stating that the would bust his "fucking head open;" w. At or about 3:00 to 4:00 p.m. on April 11, 1994, two (2) customers individually reported to me as they entered the facility that they were intimidated by the requests to search their vehicles. One woman was from Ascot Enterprises. The second woman, who was accompanied by her infant child, was from Thomas Marie Toll, and was visibly upset and exhibited stuttered speech and kept looking around; x. On April 11, 1994, a picket had a stick without a picket sign; y. Throughout the day on April 11, 1994, pickets routinely asked drivers of incoming trucks or vans to honor their picket line, and interrogated drivers as to the type of commodity they were picking up; Z. At or about 7:45 a.m. on April 12, 1994, Linda Young approached the picket line and pulled behind a little metal -6- .truck. She then heard the pickets yelling behind her, so she looked in her rearview mirror. She saw the men looking like they were going to walk in front of a little silver car (Wanda Garman). They were yelling at Ms. Garman loud enough that she heard them with her windows up and her radio on; aa. At or about 7:45 a.m. on April 12, 1994, Local 776 had a gray van stopped in the lane of Wanda Garman. The car in front of her started to go around the van and Ms. Garman followed. They were travelling very slowly. That is when Local 776 started to shout at them. Some of the comments were "slow down," "you scabs," and then the one man gave them "the finger." Another man made moves like he was going to cross in front of Ms. Garman's car, at which time she had to apply the brake; and, ab. At or about 9:45 a.m. on April 12, 1994, pickets blocked a driver from Burlington Coat Factory from exiting the Roadway Carlisle facility. The vehicle was subsequently followed and harassed by the drivers of a brown pick-up truck and a green Chevy on a public highway. ac. At or about 12:30 p.m. on April 12, 1994, Bob Sidenberry, the driver of a Ryder truck, who was picking up goods for Lord and Taylor, was blocked by pickets for approximately fifty (50) minutes as he attempted to exit the Roadway facility. Pickets subsequently followed and harassed him on a public highway. ad. During the morning of April 13, 1994, ingress and/or egress of at least three (3) trucks was blocked by pickets. -7- ~ ~ ( .. ae. At or about 3:40 p.m. on April 13, 1994, Bob McCoy stopped his truck to permit pickets to cross Roadway Drive. Pickets crowded around the truck and formed an inverted "U. around the vehicle ending at the doors. A picket held his umbrella, so that the employer's video access to the right-hand side of the vehicle would be blocked. Mr. McCoy's right front tire was slashed. One or more of the pickets commented, .Oh look, he has a flat tire,. or words to that effect. af. During the afternoon of April 13, 1994, Melissa Stein, an employee of Roadway, was harassed while attempting to cross the picket line. ago Throughout the day on April 14, 1994, pickets allowed egreAs from the Roadway Carlisle facility only if drivers agreed to allow pickets to inspect the contents of the customer's trailers, coming in and going out; ah. During the afternoon of April 14, 1994, Sheron Shaffer, a Roadway customer, was harassed, including the banging of a sign on her car, by pickets as she attempted to enter the Roadway facility. ai. At or about 7:00 p.m. on April 14, 1994, a truck was blocked from exiting the facility. He carried no load. In spite of assistance from the Silver Springs police, pickets blocked the exit for more than thirty (30) minutes. A strike captain was present during the incident. aj. Incidents continue to occur on the date as the amended pleading is being filed. 6. Defendants and others acting in concert with them have shown no intent to comply with said Consent Order. -8- ..... Wherefore, Plaintiff moves this Court to enter an Order for enforcement of the Consent Order issued on April 8, 1994, and respectfully requests that all costs of enforcement be assessed against the Defendants. L.fti. "tI;' 1,/ n-::k.: /?{zf' thy pea er MacNett, Esquire UCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third St., Eighth Floor Harrisburg, PA 17101 Phone: (717) 237-4808 Counsel for Plaintiff, Roadway Express, Inc. Date: April 15, 1994 IIB0042:C:\WPSIISTRIKEIENFORCE.MTNISMO - 9- COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIFF, V. CHAUFFERS, TEAMSTERS AND HELPERS, LOCAL UNION NO. 776 OF THE BROTHERHOOD OF TEAMSTERS AND THOMAS B. GRIFFITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEFENDANTS. I I I DOCKET NO. 94-1782 Equity Term I I I I I I I I CERTIFICATE OF SE8YKB I hereby certify that a true and correct copies of the Motion for Enforcement Order, the Order Enforcing Consent Order, and the Petition to Show Cause Why Defendants Should Not Be Held in Contempt of Court were served upon the following persons this 12th and 13th days of April, 1994: Court of Common Pleas Cumberland County 1 Courthouse Square CarliSle, PA 17013 Thomas B. Griffith, President Chauffers, Teamsters and Helpers Local 776 2552 Jefferson Street HarriSburg, PA 17110 Jason Weinstock Ira H. Weinstock, P.C. Suite 100, 800 N. Second Street HarriSburg, PA 17102 Ira H. Weinstock, Esquire Suite 100, 800 N. Second Street HarriSburg, PA 17102 IlB0042:C:IWP5IIROADW A YICERT, DOCISMO Hand Delivery April 12, 1994 First Class Mail April 13, 1994 And Hand Delivery Fax (April 12, 1994) Hand Delivery (April 13, 1994) Respectfully ~b~i~ted, .J)Afht, ?ir: ~ Susan M. Giblin, Secretary to Kathy Speaker MacNett, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third Street, Eighth Floor Harrisburg, PA 17101 (717) 237-4808 '_k>I'!->f<."":.:.--', I I I DOCKET NO. 94-1782 Equity Te~ I I I I I I I I'. . .' --- ";:'~\'." COURT OP COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OP PENNSYLVANIA ROADWAY EXPRESS, INC., PLAINTIPP, V. CHAUPPERS, TEAMSTERS AND HELPERS, LOCAL ONION NO. 776 OP THE BROTBBRHOOD OP TEAMSTERS AND THOMAS B. GRIPPITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, DEPENDANTS. . . I hereby certify that true and correct copies of the Amended Petition To Show Cause Why Defendants Should Not Be Held In Contempt Of Court and the Amended Motion For Enforcement Order were served upon the following persons this 15th day of April, 1994: Court of Common Pleas Cumberland County 1 Courthouse Square CarliSle, PA 17013 Thomas B. Griffith, President Chauffers, Teamsters and Helpers Local 776 2552 Jefferson Street Harrisburg, PA 17110 Ira H. WeinstOCk, Esquire Suite 100, 800 N. Second Street HarriSburg, PA 17102 1I1KlO42:C:IWPSIIROADW A YICERT. DOClSMO Hand Delivery First Class Mail Hand Delivery Respectfullv ~ubmitted,. ~~L..t,-?1,G~~ , Susan M. Giblin, Secretary to Kathy Speaker MacNett, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third Street, Eighth Floor HarriSburg, PA 17101 (717) 237-4808 r' .~._ttltn~' .. . Roadway Express Inc. vs Chauffers, Teamsters and Helpers Local Union No. 776 of the Brotherhood of Teamsters and Thomas B. Griffith President, John and Jane Does Individually In the Court of Common Pleas of Cumberland County, Pennsylvania No. 94-1782 Equity Term Order of Court AUdrey G. Adams, Deputy Sheriff, who being duly sworn according to law, says on April 8, 1994 at 4110 o'clock P.M., E.D.S.T., she served a true copy of Order of Court, in the above entitled action upon the within defendant, to witl Chauffers, Teamster and Helpers Local union No. 776 of the Brotherhood of Teamsters and Thomas B. Griffith Presiden. John and Jane Does Individually by making known unto Ronald T. Tomasko, Attorney for Chauffers, Teamsters and Helpers Local Union No. 776 of the Brotherhood of Teamsters and Thomas B. Griffith President, John and Jane Does Indiviudally at Cumberland County Sheriff's Office, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. (Acceptance of Service form is hereto attached.) Barry J. Horn, Deputy Sheriff, who being duly sworn according to law, says on April 8, 1994 at 5105 o'clock P.M., E.S.T., he posted a true copy of Order of Court, in the above entitled action upon the Fence - Employers Gate of Roadway Express Inc at Roadway Drive, Carlisle, Cumberland County, Pennsylvania. Barry J. H6tn, Deputy'Sneriff, who being duly sworn according to law, says on April 8, 1994 at 5100 o'clock P.M., E.D.S.T., he posted a trl:e copy of Order of Court in the above entitled action at Appalachian Trail Inn 2nd Floor Meeting Room, Carlisle, Cumberland County, Pennsylvania. Sheriff's CostSI Docketing Service Surcharge Posting So answers I .. .if' ~/A( ',' IF ./ IY;Z'~ r;:1>.c:.r--,.u,..." ,...-.-- R. Thomas Kline, Sheriff 26.00 2.80 10.00 8.00 46.80 Pd. by Atty 4-15-94 by (t' [f "Ii l r l")\ ()" Ii.--, I J Lv' -e;;~ Sworn and subscribed to before me by this I!;~ day of (;;,,:; 1994, A.D. 9f' 0, /ndJ...... u2~ Prothonol:a'r Deputy F.'-" .,.......". ___ . Writ No. 94-1782 Equity Term ..~ . .. ACCEPTANCE OF SERVICE 1 accept service of the ORDER OF COURT Chauffers, Teamsters and Helpers, Local Union No. 776 (on behalf of of the Brotherhood of Teamsters and Thomas d r~ ~ res~ ane, 0 n an ~vidually certify that 1 am authorized to do so.) Aoril 8. 1994 Date gOD AJ. S'eco.,J Sf. J Hailing Add reJlS C ;-/ e. I 00 . .... /-!, f'?,'sbq ':j, PA /7/0;2. r.. ~T~" cJ;v APR 15 1994 ORDBR OP COURT AND NOW, this day of ____ day of April, 1994, it is hereby Ordered and Decreed that a hearing on the petition To Show Cause Why Defendants Should Not Be Held in Contempt of Court is set for the ____ day of April, 1994, at o'clock p.m., in Courtroom No.2, Cumberland County, Pennsylvania. By the Court J. COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEAL'l'H OF PENNSYLVAN:IA ROADWAY EXPRESS, :INC., PLA:INT:IFF, V. CHAUPFERS, TEAMSTERS AND HELPERS, LOCAL UNION NO. 776 OF 'l'HE BRO'l'BERHOOD OF TEAMSTERS AND 'l'HOMAS B. GR:IFFI'l'H, PRESIDENT, JOHN AND JANE DOES, :INDIV:IDUALLY, DEFENDANTS. . . . . : DOCKET NO. 94-1782 Equity Te~ . . . . . . . . . . : . . : AMENDED PETITION '1'0 SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT OF COURT To The Honorable Judges of Said Court: Roadway Express, Inc., by and through its attorneys, Buchanan Ingersoll Professional Corporation, hereby petitions this Court to enter an Order on Defendants to show cause why they should not be held in contempt, and respectfully represents: 1. On Friday, April 8, 1994, after presentment of a Complaint, affidavits and the posting of security in the amount of Five Hundred Dollars ($500.00), this Court issued an Order in joining the named Defendants, and all other parties acting in concert with them. A true and correct copy of the said Consent Order is attached hereto, made a part hereof, and marked as Exhibit "A". 2. At the time the Consent Order was issued, counsel for the Chauffers, Teamsters and Helpers Local 776 Union ("Local 776"), Ronald Tomasko, Esquire of the firm Ira H. Weinstock, P.C., was present in the Courtroom and was made aware of the contents of said Consent Order. Said attorney accepted service for Local 776 and its members. True and correct copies of said Consent Order were served on the parties on April 8, 1994. 3. Plaintiff has reproduced true and correct copies of said Consent Order, that have been served on the pickets at or near Plaintiff's facilities, but the pickets and persons acting in concert with them have refused and continue to refuse to obey the terms of the said Consent Order. 4. Since April 8, 1994, Plaintiff has continually demanded of Defendants and all persons and pickets acting in concert with them that the terms of said Consent Order be obeyed. S. The Defendants and others acting in concert with them have violated and have shown their intent to continue to violate the Consent Order issued on April 8, 1994, by the following actions: a. At or about 10:45 a.m. on April 9, 1994, the Defendants and others acting in concert with them caused and permitted approximately fifty-four (54) pickets to mass at and near the entrances to Plaintiff's facilities located at Roadway's Carlisle facility, Middlesex Township, Cumberland County, Pennsylvania, and walk across Roadway Drive; b. During the morning hours, from approximately 10:00 a.m. to 12:00 p.m., on April 9, 1994, pickets walked in a loop across Roadway Drive in express violation of the Consent Order; c. At or about 12:00 p.m. on April 9, 1994, approximately forty (40) pickets' cars parked in the emergency turnaround location in violation of the express language -2- .... """,,,--'" ':'''' contained in the Consent Order prohibiting parking within 100 feet of the area; d. At or about 12:30 p.m. on April 9, 1994, a Federal Express vehicle stopped and pickets circled that vehicle blocking it from entering the Roadway facility in express violation of the Consent Order; e. During the mid-afternoon of April 9, 1994, a picket, identified as Bob Weakland, began using a large mirror to harass security guards and management personnel; and, f. At or about 5:40 p.m. on April 9, 1994, a picket's car was parked in the emergency turnaround in express violation of Section 6 (a) of the Consent Order; g. At or about 7:59 p.m. on April 9, 1994, pickets shined spotlights in the eyes of security personnel for Roadway; h. At or about 9:30 p.m. on April 9, 1994, pickets numbers forty-one (41) on line and twelve (12) more in area; i. On April 10, 1994, Augie TOkis, a Roadway striker who is approximately 6'4", carried a waist-high stick on the picket line through most of the day; j. At or about 7:15 a.m. on April 11, 1994, a truck pulled into Roadway Drive with an ASF trailer. Two individuals stopped the trailer and talked to the pickets. The trailer did not proceed into the facility; k. At or about 7:30 a.m. on April 11, 1994, there were a total of sixty-three (63) pickets on Roadway Drive; 1. At or about 9:10 a.m. on April 11, 1994, fifty- nine (59) cars were parked on Roadway Drive; -3- m. At or about 9:30 a.m. on April 11, 1994, a total of one hundred ten (110) picketers were on Roadway Drive; n. At or about 10:00 a.m. on April 11, 1994, Sheriff Tom Kline and Chief Sherman told Roadway representatives that they had received a report of C-4 explosives strapped to a diesel tank. Roadway maintains a one million gallon tank close to the area of the picketing. The report indicated that the explosives would explode at 11:00 a.m. Rupture of that tank would cause extreme damage and would cause the spill of a hazardous substance; o. At or about 10:00 a.m. on April 11, 1994, pickets formed a line and would not allow a Verbose truck to proceed normally toward Route 11. Pickets formed a line and walked very slowly in front of the tractor trailer. The activity of the pickets significantly slowed the progress of the tractor trailer between the Roadway Carlisle facility and Route 11; p. At or about 10:08 a.m. on April 11, 1994, a Leslie Faye truck driver backed his vehicle away without entering the facility after pickets crowded around his trailer, and a Union leader talked to the driver; q. At or about 12:00 p.m. on April 11, 1994, Chuck Shughart approached a Miller Trucking tractor trailer driven by Stephen Batalka, and talked to Batalka. Shughart required Batalka to open the back of the truck so that he could look in. Shughart also told him that he wished to examine the contents after the driver picked up his load; r. While the tractor trailer was proceeding toward Route 11, pickets hollered, "People will follow you wherever you -4- . ~ . (.. go when you get to Route 11" (or words to that effect). pickets also chanted "scab," called the driver a low life and said they hoped he could sleep at night. Charles Shughart also screamed "It is going to be a long day, buddy, a long day;" s. On April 11, 1994, pickets massed and formed a line that blocked the exit of the same Miller Trucking tractor trailer. Pickets moved down Roadway Drive in front of the tractor trailer until it reached the area of Carlisle Trucking. As a result, it took approximately 45 to 50 minutes for the tractor trailer to proceed from the gate area to Route 11; t. Once the tractor trailer reached Route 11, Steve Hockenberry, a Union member and striker, followed the tractor trailer. He stopped and took video of the tractor trailer, which had been stopped by the police; u. During the afternoon of April 11, 1994 and other occasions, technical violations were also observed. Pickets were sometimes two deep. pickets were not spaced 4.5 feet apart as they walked, as required by the Consent Order. Pickets were close enough to be holding hands. Pickets' cars were parked within 100 feet of the turnaround. Two pickets held and shined mirrors at security and management to impede videotaping of the unlawful interference with the Miller Trucking tractor trailer; v. At or about 3:11 p.m. on April 11, 1994, a truck was proceeding toward Route 11 until pickets blocked him. The driver, Ian Peters, tried to proceed throughout the gap in the line. Andy Reiley, a picket, blocked the truck and pushed on the truck and banged on the hood. Peters, a Roadway maintenance worker, then backed toward the gate area (the gate area is -5- (. closest to the Roadway buildings at the opposite end of Route 11 from Roadway Drive) at a slower speed, and traveled a distance of about 50 to 75 feet. Mr. Peters stopped because Mr. Reiley was saying that Mr. Peters had better not injure him in any way. At this point Mr. Reiley hollered for additional help. Pickets threatened Peters by stating that the would bust his "fucking head open;" w. At or about 3:00 to 4:00 p.m. on April 11, 1994, two (2) customers individually reported to me as they entered the facility that they were intimidated by the requests to search their vehicles. One woman was from Ascot Enterprises. The second woman, who was accompanied by her infant child, was from Thomas Marie Toll, and was visibly upset and exhibited stuttered speech and kept looking around; x. On April 11, 1994, a picket had a stick without a picket sign; y. Throughout the day on April 11, 1994, pickets routinely asked drivers of incoming trucks or vans to honor their picket line, and interrogated drivers as to the type of commodity they were picking up; z. At or about 7:45 a.m. on April 12, 1994, Linda Young approached the picket line and pulled behind a little metal truck. She then heard the pickets yelling behind her, so she looked in her rearview mirror. She saw the men looking like they were going to walk in front of a little silver car (Wanda Garman). They were yelling at Ms. Garman loud enough that she heard them with her windows up and her radio on; -6- ~ I ! f' .-_ aa. At or about 7:45 a.m. on April 12, 1994, Local 776 had a gray van stopped in the lane of Wanda Garman. The car in front of her started to go around the van and Ms. Garman followed. They were travelling very slowly. That is when Local 776 started to shout at them. Some of the comments were "slow down," "you scabs," and then the one man gave them "the finger." Another man made moves like he was going to cross in front of Ms. Garman's car, at which time she had to apply the brake; ab. At or about 9:45 a.m. on April 12, 1994, pickets blocked a driver from Burlington Coat Factory from exiting the Roadway Carlisle facility. The vehicle was subsequently followed and harassed by the drivers of a brown pick-up truck and a green Chevy on a public highway. ac. At or about 12:30 p.m. on April 12, 1994, Bob Sidenberry, the driver of a Ryder truck, who was picking up goods for Lord and Taylor, was blocked by pickets for approximately fifty (50) minutes as he attempted to exit the Roadway facility. Pickets subsequently followed and harassed him on a public highway. ad. During the morning of April 13, 1994, ingress and/or egress of at least three (3) trucks was blocked by pickets. ae. At or about 3:40 p.m. on April 13, 1994, Bob McCoy stopped his truck to permit pickets to cross Roadway Drive. Pickets crowded around the truck and formed an inverted "U" around the vehicle ending at the doors. A picket held his umbrella, so that the employer's video access to the right-hand side of the vehicle would be blocked. Mr. McCoy's right front -7- tire was slashed. One or more of the pickets commented, "Oh look, he has a flat tire," or words to that effect. af. During the afternoon of April 13, 1994, Melissa Stein, an employee of Roadway, was harassed while attempting to cross the picket line. ago Throughout the day on April 14, 1994, pickets allowed egress from the Roadway Carlisle facility only if drivers agreed to allow pickets to inspect the contents of the customer's trailers, coming in and going out; ah. During the afternoon of April 14, 1994, Sheron Shaffer, a Roadway customer, was harassed, including the banging of a sign on her car, by pickets as she attempted to enter the Roadway facility. ai. At or about 7:00 p.m. on April 14, 1994, a truck was blocked from exiting the facility. He carried no load. In spite of assistance from the Silver Springs police, pickets blocked the exit for more than thirty (30) minutes. A strike captain was present during the incident. aj. Incidents continue to occur on the date as the amended pleading is being filed. 6. Said activity has necessitated numerous trips to the facility by Middlesex Township police and the members of the Cumberland County Sheriff's office. 7. Said activities continue even as this Petition is filed. 8. Thomas Griffith, President, Charles Shughart, Business Agent and other business agents and/or strike captains of Teamsters Local 776, including Andy Reiley, have been present -8- during, or have participated in, certain of the incidents, which are described above, violating the Consent Order. 9. Defendants, in an attempt to resolve their violations of the Consent Order without need for additional court intervention, have been reporting the infractions of the Consent Order to either Charles Shughart, or counsel to Local 776. Violations continued. 10. The failure of the Defendants and others acting in concert with them to comply with the Consent Order issued on April 8, 1994, has damaged and interfered with the lawful operations with the limited lawful operation of the Plaintiff, and has cost the Plaintiff additional sums of money to have said Consent Order enforced and has caused and will continue to cause irreparable injury to the Plaintiff. 11. Defendants and others acting in concert with them have shown no intent to comply with said Consent Order. 12. The aforesaid actions and conduct of the Defendants and others acting in concert with them were willful, malicious and deliberate violations of the said Consent Order. Wherefore, Plaintiff prays: a. That the Defendants and others acting in concert with them be adjudged in civil contempt of the Consent Order issued on April 8, 1994. b. That a fine of Twenty Thousand Dollars ($20,000.00), payable to the Commonwealth of Pennsylvania for the use of the Plaintiff be conditionally imposed upon the Defendants, Chauffers, Teamsters and Helpers, Local Union No. 776 of the Brotherhood of Teamsters and Thomas B. Griffith, -9- President, and John and Jane Does, Individually, all individually and as Trustees ad litem, with obligation to pay such fine to be absolute and immediate unless Defendants and those acting in concert with Defendants forthwith fully comply with the Consent Order issued on April 8, 1994, and that a further fine of Ten Thousand Dollars ($10,000.00), payable to the commonwealth of Pennsylvania for the use of the Plaintiff be imposed for each and every day hereafter that the Defendants or those acting in concert with them continue to fail to comply with the Consent Order issued on April 8, 1994. c. That the Defendants place Twenty Thousand Dollars ($20,000.00) in escrow with the Sheriff of Cumberland County to cover the costs of the enforcement of the Consent Order issued on April 8, 1994. d. That all terms and conditions of the original Consent Order, unless modified herein, should be obeyed. e. That the Court affirm terms and conditions of the original Consent Order, including interference with the rights of the Plaintiff with regard to the following: 1. That pickets allow unrestricted access at any and all times by Plaintiff's employees, customers, vendors, visitors, attorneys and all other agents to Plaintiff's premises. 2. That pickets break their picket line and allow vehicles to enter and leave the facility. 3. That pickets may only park on one (1) side of Roadway Drive, set back two hundred (200) feet from the turnaround, and the number of cars shall be limited to five (5). -10- 4. That pickets for the ABF facility shall not be allowed to park on Roadway Drive at any location. S. That no pickets shall be allowed at the emergency crash gate on the South Middlesex Road side of the Roadway facility. This entrance shall at all times be kept free and clear of all picket activity so that it remains available for unimpeded emergency use. 6. That pickets cease and desist from following any vehicle from the Roadway facility. 7. That pickets cease and desist from the demands that drivers open trailers and allow Union inspection. 8. That pickets be prohibited from picketing at the homes of any persons employed by Roadway. 9. That pickets cease and desist using mirrors, spotlights or any other activity to interfere with management videotaping, or interfere in any way with management's lawful activities. 10. That pickets shall not utilize radios for the purpose of coordinating harassment of any driver or any other person. 11. That pickets be prohibited from walking up or down Roadway Drive in front of vehicles, and instead be required to walk across Roadway Drive as intended by the Consent Order. f. That this Honorable Court further limit the number of pickets to no more than ten (10), based on the continuance of violations of the Consent Order. -11- , g. That your Honorable Court grant such Consent Order and further relief as may be fitting and proper under the circumstances. h. That this Honorable Court retain jurisdiction of this matter until the labor dispute has ended. Respectfully submitted, ::,.L?i.- (!'-~' )??c:Lcn~zr pe ker MacNett, Esquire ohn . Johnson, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third St., Eighth Floor Harrisburg, PA 17101 Phone: (717) 237-4808 Counsel for Plaintiff, Roadway Express, Inc. Date: April 15, 1994 HIKlO42:C:\WPSIISTRIKBIParmON,DOC\SMO -12- VBRIPlCATION POR AMENDED PBTITION TO SHOW CAUSB WRY DBPBNDAN'l'S SHOULD NOT DB RBLD IN CONTEMPT OP COURT I, Ron Matalavage, depose and say that I am the for Roadway Express, Inc., the Plaintiff in the foregoing matter, and am duly authorized to make this Affidavit on its behalf; that the averments of fact contained in the foregoing Complaint, so far as made of my own knowledge, are true and correct, and so far as they are based on information received from others, I am reliably informed and believe them to be true and correct. This Verification is made subject to the provisions of 18 Pa. C. S. Ann. S3904, relating to unsworn falsification to authorities. Ron Matalavage VBRIPICATION POR AMBNDBD PBTITION TO SHOW CAUSB WHY DBPBNDAN'l'S SHOULD NOT BB HELD IN CONTEMPT OP COURT I, Monty Crossley, depose and say that I am the f't..H!lI.tA for Roadway Express, Inc., the Plaintiff in the , () foregoing matter, and am duly authorized to make this Affidavit on its behalf; that the averments of fact contained in the foregoing Complaint, so far as made of my own knowledge, are true and correct, and so far as they are based on information received from others, I am reliably informed and believe them to be true and correct. This Verification is made subject to the provisions of 18 Pa. C. S. Ann. S3904, relating to unsworn falsification to authorities. (If' ( (J( (,- /k~ \ ~-C . M6nty ~)sle; "j "- ~. : . COURT OP COMMON PLEAS ctlMBBRLAND COUN'l'Y COMMONWEALTH OP PENNSYLVANIA ROADWAY EXPRBSS, INC., PLAINTIPP, V. CHAUPPBRS, '1'EAMS'1'ERS AND HELPBRS, LOCAL UNION NO. 776 OP THB BRO'l'HBRHOOD OP '1'EAMS'1'BRS AND THOMAS B. GRIPPITH, PRESIDENT, JOHN AND JANE DOBS, INDIVIDUALLY, DBPBNDAN'l'S. I I I DOCKE'1' NO. 94-1782 Bquity '1'er.m I I I I I I I I I hereby certify that a true and correct copies of the Motion for Enforcement Order, the Order Enforcing Consent Order, and the Petition to Show Cause Why Defendants Should Not Be Held in Contempt of Court were served upon the following persons this 12th and 13th days of April, 1994: Court of Common Pleas Cumberland County 1 Courthouse Square Carlisle, PA 17013 Thomas B. Griffith, President Chauffers, Teamsters and Helpers Local 776 2552 Jefferson Street Harrisburg, PA 17110 Jason Weinstock Ira H. Weinstock, P.C. Suite 100, 800 N. Second Street Harrisburg, PA 17102 Ira H. Weinstock, Esquire Suite 100, 800 N. Second Street Harrisburg, PA 17102 IfB0042:C:\WP51 IROADW A YICERT,DOC\SMO Hand Delivery April 12, 1994 First Class Mail April 13, 1994 AND HAND DELIVERY Fax (April 12, 1994) Hand Delivery (April 13, 1994) Respectfully sUbmitte~ <oj;~./!- :2I(U - . Susan M. Gi~ Secretary to Kathy Speaker MacNett, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third Street, Eighth Floor Harrisburg, PA 17101 (717) 237-4808 COURT OF COMMON PLEAS CtJMBEaLAND CO\JNTY COMMONWEALTH OF PENNSYLVANIA ROADWAY EXPRESS, INC., I PLAINTIFF, I V. I DOCKET NO. 94-1782 Equity Term CHAUFFERS, TEAMSTERS AND I HELPERS, LOCAL ONION NO. 776 I OF THE BROTHERHOOD OF I TEAMSTERS AND THOMAS B. I GRIFFITH, PRESIDENT, I JOHN AND JANE DOES, I INDIVIDUALLY, I DEFENDANTS. I I hereby certify that true and correct copies of the Amended petition To Show Cause Why Defendants Should Not Be Held In Contempt Of Court and the Amended Motion For Enforcement Order were served upon the following persons this 15th day of April, 1994: Court of Common Pleas Cumberland County 1 Courthouse Square Carlisle, PA 17013 Thomas B. Griffith, President Chauffers, Teamsters and Helpers Local 776 2552 Jefferson Street Harrisburg, PA 17110 Ira H. Weinstock, Esquire Suite 100, 800 N. Second Street Harrisburg, PA 17102 Hand Delivery First Class Mail Hand Delivery Respectful~_~ubmitted, J~~1- ,q;~ r Susan M. Giblin, Secretary to Kathy Speaker MacNett, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third Street, Eighth Floor Harrisburg, PA 17101 (717) 237-4808 IfB0042:C:\ WP51 IROADW A YlCERT,DOC\SMO ,,'t ROADWAY EXPRESS, INC., Plaintiff IN THE COURT OP COMMON PLEAS OP CUMBERLAND COUNTY, PBNNSYLVANIA v CIVIL ACTION - EQUITY CHAUPPEURS, TEAMSTERS AND HELPERS, LOCAL UNION NO. 776 OP THE BROTHERHOOD OP TEAMSTERS AND THOMAS B. GRIPPITH, PRESIDENT, JOHN AND JANE DOES, INDIVIDUALLY, Defendants 94-1782 EQUITY TERM IN RE I CONTEMPT HEARING ORDER OP COURT AND NOW, this 26th day of April, 1994, at 11115 a.m., the court finding that willful violations of the order of April 8, 1994, have been established by clear and convincing evidence, and the court finding that since the issuance of the contempt citation in this case the defendants have persisted in violations of the consent decree entered April 8, 1994, and specifically the provisions thereof enjoining the obstructing or interfering wit~ the business or operations of the plaintiff and deliveries to and from the plaintiff's facilities, and specifically by the practice of "escorting" or "walkout", and by not opening the picket line to facilitate passage of employees and other persons in a timely fashion, and have thus interfered with the "free and complete access, egress or ingress" of persons from the facility of the plaintiff, the defendants are herewith adjudged in contempt. A fine of $5,000.00 payable to the Commonwealth of Pennsylvania for the use of the plaintiff is conditionally imposed upon the defendants, jointly and severally, with obligation to pay such fine to be absolute and immediate unless defendants forthwith fully comply with the court order issued on .. L: . '",'::;'1'f'*' '.' _'h_' APR ZS ~ 15 PH 19~ '. .'IIC[ OfT" .,~dOI/(l!Ar.y CUli'n, ~~':~ f"VIl rr I'll. vs: C \M"4 , ~ 94-1782 BQUITY TBRM April 8, 1994, said fine due for the first day of violation hereof. A further fine of $2,500.00 payable to the Commonwealth of Pennsylvania for the use of the plaintiff to be imposed for each and every day thereafter that the defendant or those acting in concert with them continue to fail to comply with the consent order of April 8, 1994. By the Court, ~~~ Xathy Speaker MacNett, Bsquire / Por the Plaintiff Ira H. Weinstock, Bsquire Por the Defendants :bg -::r en ~ - - :c "- .. " "' In -. - <'-.I = '" ~ . '-..' .---, :II L , 111li ~ E il 8 if ! II! I'" ui ! i ~!I"ll" ~ . ~ p ~ IE Z II , . . . .. , ~~ ~> 'f ti ~~. ,- ,. ~ '. ';: COURT OF CCDlXON PLBAS CUMBBRLAND COUNTY COMMONWBALTH OF PENNSYLVANIA :~ ROADWAY EXPRESS, INC., PLAINTIFF, V. CHAUPFBRS, TBAMSTBRS AND EBLPBRS, LOCAL UNION NO. 776 OF TBB BROTBBRHOOD OF TBAMSTBRS AND THOKAS B. GRIFFITH, PRESIDENT, JOHN AND JANE DOBS, INDIVIDUALLY, DBFENDANTS. I I I DOCEBT NO. 94-1782 Bquity Term I I I I I I I I PBTITION TO WITHDRAW PROCBBDINGS WITH PREJUDICB AND RETURN BOND TO THE HONORABLE JUDGES OF SAID COURT: Roadway Express, Inc. ("Roadway"), by and through its attorneys, Buchanan Ingersoll Professional Corporation, hereby moves this Court to allow withdrawal with prejudice of all complaints, motions, pleadings, amended pleadings and orders, in the above-captioned proceeding, including the Orders of Court of April 8, 1994, April 21, 1994 and April 26, 1994, and in support thereof states: A. Withdraw Proceedinqs With Pre1udice. 1. The parties to the above captioned case were part of nationwide negotiations that settled the national Teamsters strike. 2. During the strike, Roadway filed a number of petitions and motions for relief at its Carlisle facility. These pleadings -2- resulted in the entry of a Consent Order, and subsequent Order to Show Cause and a Contempt Order by this Honorable Court on April 8, 1994, April 21, 1994 and April 26, 1994, respectively. 3. No action was taken with regard to certain other pleadings. 4. The national negotiators for both sides reached a tentative Return to Work agreement to return the striking Chauffers, Teamsters and Helpers (IITeamsters") to work on April 29, 1994. 5. Teamsters returned to work at Roadway's Carlisle facility in accordance with that Return to Work agreement. 6. The national Return to Work agreement included a provision that required management of companies that were struck by the Teamsters and the Teamsters to withdraw with prejudice all litigation related to the strike. The provision stated: "9. TNFINC [Teamsters National Freight Industry Negotiating Committee] agrees to withdraw and/or have dismissed with prejudice any and all court litigation and/or charges filed with the National Labor Relations Board ("NLRB") against TMI [Trucking Management, Inc.] or any TMI carrier by TNFINC or any TNFINC-affiliated Local Union relating to the negotiation of the successor 1994-98 NMFA or arising from the strike that began on April 6, 1994. TMI aarees to withdraw and/or have dismissed with creiudice anv and all civil litiaation and/or charges filed with the NLRB aaainst TNFINC or anv TNFINC reoresented IBT-affiliated Local Union or its members by TMI or anv TMI carrier relating to the negotiation of the successor 1994-98 NMFA or arisina from the strike that beaan on Aoril 6. 1994. The dismissal or withdrawal of any court litigation or NLRB charge, includes any cause of action which could have been brought relating to the negotiation of the successor 1994-98 NFA or arising from the strike that began on April 6, 1994." [Emphasis added.] 7. Roadway files this Petition in accordance with the above cited provision of the Return to Work Agreement. 8. The Teamsters have since voted to adopt the proposed collective bargaining agreement ending the nationwide strike. B. Return Bond. 9. Roadway filed a cash bond of Five Hundred Dollars ($500) with this Honorable Court on April 8, 1994, to fulfill jurisdictional requirements associated with the entry of the Consent Order by this Court. 10. Since the parties have resolved this matter, said bond is no longer necessary. WHEREFORE, Roadway requests that the above-captioned proceeding, including the Orders of Court of April 8, 1994, April 21, 1994 and April 26, 1994, be withdrawn with -3- ,.,.,~.;."~,. prejudice, and that the cash bond of Five Hundred Dollars ($500) be returned to Roadway forthwith. Respectfully submitted, Date: June 9, 1994 -4- . . COml.T 01' COJIMON PLBAS ctJMBBRLAHD COmrrY COJIMONWBAL'l'B 01' PBNHSYLVAHIA ROADWAY BXPRBSS, INC., PLAIN'l'II'I' , V. CBAUPI'BRS, 'l'BAMS'l'BRS AND BBLPBRS, LOCAL WION NO. 776 01' 'l'BB BRO'l'BBRBOOD 01' 'rBAMS'l'BRS AND 'l'BOMAS B. GRII'I'I'l'B, PRBSIDBNT, JOHN AND JANE DOBS, INDIVIDUALLY, DBI'BNDAN'l'S. I I I DOCltBT NO. 94-1782 B~ity Term. I I I I I I I I I hereby certify that true and correct copies of the Petition to Withdraw with prejudice were served upon the following persons by First Class U. S. Mail this 9th day of June, 1994: Court of Common Pleas Cumberland County 1 Courthouse Square Carlisle, PA 17013 Ira H. Weinstock, Esquire Suite 100, 800 N. Second Street Harrisburg, PA 17102 :;: j ........ i~ , Respectfully submitted, J//ttAJ };(-'J{J~ Susan M. Giblin, Secretary to Kathy Speaker MacNett, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third Street, Eighth Floor Harrisburg, PA 17101 (717) 237-4808 . ~ I....... '"':t