Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, Inc.

PETITIONER: Amalgamated Food Employees Union Local 590
RESPONDENT: Logan Valley Plaza, Inc.
LOCATION: Formerly Sam’s Stationery and Luncheonette

DOCKET NO.: 478
DECIDED BY: Warren Court (1967-1969)
LOWER COURT:

CITATION: 391 US 308 (1968)
ARGUED: Mar 14, 1968
DECIDED: May 20, 1968

Facts of the case

Question

Media for Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, Inc.

Audio Transcription for Oral Argument - March 14, 1968 in Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, Inc.

Earl Warren:

Number 478, Amalgamated Food Employees Union Local Number 590 et al., petitioners versus Logan Valley Plaza Incorporated and Weis Markets Incorporated.

Mr. Dunau.

Bernard Dunau:

Mr. Chief Justice and may it please the Court.

A state court injunction prohibits as trespass on private property, peaceful picketing by union men and women in front of a supermarket located within a shopping center, informing the public that the store is nonunion.

These employees are not receiving union wages or other union benefits.

We have three questions.

One, is this prohibition of peaceful picketing within the shopping center an abridgment of First Amendment rights?

Two, is the conduct within the sole governance of the National Labor Relations Board so that the state court has no power to deal with it at all and three, if the state court is empowered to deal with the conduct, does the injunction prohibit the federally protected right conferred by the National Labor Relations Act to engage in peaceful picketing.

Now these questions arise in this setting.

Logan Valley Mall is a shopping center.

At the time of the events in this case, it was newly opened.

It's a pretty big shopping center.

It expands a perimeter of about 1.1 miles.

It is located at the intersection of two public highways.

The highways are separated from the shopping center by what are called earthen berms which is an earthen embankment with a ditch.

The highways are separated from the shopping center by earthen berms, B E R M S embankments, they're just -- it's just dirt road and that's about all I can see that it means there's a ditch along this berm.

This is unbroken except for five paved entrances which provide ingress and egress to the shopping center.

The paved entrances are about 20-feet in width, the berms vary from 12 to 15 feet in width.

Now, from the entrances to the shopping center and the Weis Supermarket which is the store involved in this case, entrances one and two are about 350 feet distant.

Entrance three a little further and entrance four and five are about 450 to 500 feet from the highway entrance to the Weis Supermarket.

William J. Brennan, Jr.:

The entrance is on the parking area?

Bernard Dunau:

Yes.

What separates the buildings from the highway are parking areas and pedestrian ways.

The usual set up of a shopping center of places where you park your cars, roads so that you can maneuver your cars within the shopping center and sidewalks where shoppers can go.

Now when this shopping center opened for --

William J. Brennan, Jr.:

Are there fences around it?

Bernard Dunau:

No sir, I don't believe there's a fence around it.

When this shopping center opened for business, the two occupants were Weis Markets which is a supermarket selling food and other household articles and Sears, Roebuck and Company which operated a department store and which operates an automotive service station.

There are now 15 additional tenants.

There's JC Penney, the shopping center now performs all of the usual retail services associated with the shopping center.