JR Norton Co. v. GENERAL TEAMSTERS, WAREHOUSEMEN

General Teamsters, Warehousemen and Helpers Union, Local 890 (the Local) appeals from a jury verdict awarding compensatory and punitive damages to J. R. Norton Company for losses caused by negligent supervision of strikers during a 1982 labor dispute. The Local contends that the trial court gave conflicting instructions, erroneously giving the California common law agency liability and preponderance-of-the-evidence standard of proof, and correctly instructing in the language of section 6 of the Norris-LaGuardia Act ( 29 U.S.C.A. § 106 ). The Local maintains that the section 6 standard of “clear proof’ of actual participation in, approval of, or ratification of members’ misconduct preempts state law, and that the erroneous instruction created an irreconcilable conflict. Therefore, the judgment in favor of J. R. Norton Company (Norton) should be reversed. Appellant also complains of various errors relating to the punitive damages.

We hold that section 6 does not preempt state law in this respect and find that appellant’s further contentions are without merit.

Procedural Background

This action arises out of a labor dispute six years ago between striking members of the…