L. J. Maxey, Jr., D/B/A King-O-Meat Co. v. Butchers' Union Local No. 126, Amalgamated Meat Cutters and Butchers Workmen Ofnorth America, Afl-Cio

Appellant, Butchers’ Union Local 126, appeals from a judgment of the district court ruling that Local 126 committed an unfair labor practice by threatening to picket, and in some cases picketing, customers of appellee, L. J. Maxey, Jr., d/b/a King-O-Meat Company. Because the Union’s conduct was found to violate section 8(b)(4) of the National Labor Relations Act, 29 U.S.C. § 158 (b)(4) (1976), the district court assessed damages totaling $89,064.93 against the Union for King-O-Meat’s lost earnings sustained as a result of the Union’s unlawful conduct. The court also awarded damages for $3,395.00 attorney’s fees and $1,215.00 labor consultant expenses incurred by King-O-Meat in the National Labor Relations Board proceedings initiated in order to stop the Union’s secondary picketing.

The Union challenges the district court’s determinations with respect to both liability and damages. We affirm the district court’s judgment that the Union’s conduct constituted an unfair labor practice in violation of section 8(b)(4). We further agree with the court’s assessment of lost earnings damages which King-O-Meat suffered as a result of the Union’s unlawful conduct. We hold, however, that…