State of New Jersey vs. The Traffic Telephone Workers Federation of New Jersey and
the New Jersey Bell Telephone Company Records, 1947
Collection Number: 5371
Kheel Center for Labor-Management Documentation & Archives
Cornell University Library
DESCRIPTIVE SUMMARY
Title:
State of New Jersey vs. The Traffic Telephone Workers Federation of New Jersey and
the New Jersey Bell Telephone Company Records, 1947
Repository:
Kheel Center for Labor-Management Documentation & Archives
Collection Number:
5371
Abstract:
Briefs in case of Traffic Telephone Federation of New Jersey and United Public Workers
of America, C.I.O., vs. State of New Jersey, U.S. District Court, District of New
Jersey, Civil Action No. 10064, 1947.
Creator:
Traffic Telephone Workers Federation of New Jersey
New Jersey Bell Telephone Company
Quanitities:
0.33 cubic feet
Language:
Collection material in English
Of current interest to many scholars and politicians is the issue of unionization
in government and the industries directly effecting the public health and safety,
ie., the public utilities. Various formulas and solutions have been presented by both
public and private sources, but most of these do not contain a generally applicable
answer to the question of how to provide employees with the right to organize and
bargain collectively and yet maintain the vital public services of these institutions.
After a wave of strikes in 1946, the State of New Jersey attempted to solve this
problem through passage of a statute providing for seizure of struck public utilities
and operation of these utilities by the government for the duration of the strike.
This statute was amended in 1947 by a provision for compulsory arbitration of the
issues of a work stoppage or the issues preventing new contract determination. A punitive
penalty of ten thousand dollars per day was to be levied against any union which struck
a public utility with an additional $250-500 penalty to be ordered against any person
or persons who aided or abetted such a stoppage. An additional provision stated that
each day of work stoppage was to be considered a new offense.
On April 7, 1947. the Traffic Telephone Workers Federation went on strike against
the Bell Telephone Company in New Jersey. On April 10, the governor filed suit against
the . Union for $10,000 under the terms of the public utilities statute. On the following
day, officers of the Telephone Federation and several other employees of the telephone
company were arrested and subsequently released on $500 bond.
A case was brought before the District Court by the American Civil Liberties Union
to enjoin the application of the statute. An injunction was thereby ordered against
the enforcement of the statute pending the determination of constitutionality by a
higher court. The case was then appealed to the Supreme Court of the State of New
Jersey.
In a memorandum opinion, Vice-Chancellor Bigelow of the Supreme Court upheld the
constitutionality of the statute as a valid exercise of state police power and further
stated that the seizure was of the "pro forma" or protective custody typo and, as
such, did not deprive the parties "of their property without due process. The Supreme
Court of New Jersey later upheld this opinion.
Briefs in case of Traffic Telephone Federation of New Jersey and United Public Workers
of America, C.I.O., vs. State of New Jersey, U.S. District Court, District of New
Jersey, Civil Action No. 10064, 1947.
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INFORMATION FOR USERS
State of New Jersey vs. The Traffic Telephone Workers Federation of New Jersey and
the New Jersey Bell Telephone Company Records #5371. Kheel Center for Labor-Management
Documentation and Archives, Cornell University Library.
Names:
United States. District Court (New Jersey)
United Public Workers of America.
Traffic Telephone Federation of New Jersey.
New Jersey Bell Telephone Company
Subjects:
Public utilities -- Employees -- Labor unions -- New Jersey.
Arbitration, Industrial -- New Jersey.
Collective labor agreements -- Public utilities -- New Jersey.
CONTAINER LIST
Container
|
Description
|
Date
|
|
Box 1 | Folder 1 |
Brief of the American Civil Liberties Union, District Court
|
1947 |
Box 1 | Folder 2 |
Brief of the Appellants, Supreme Court of New Jersey
|
1947 |
Box 1 | Folder 3 |
Telephone Company's Brief, Supreme Court of New Jersey
|
1947 |
Box 1 | Folder 4 |
Reply Brief of the Union, Supreme Court of New Jersey
|
1947 |
Box 1 | Folder 5 |
Motion to Allow American Civil Liberties Union to File Brief, Supreme Court of New
Jersey
|
1947 |