Robert H. Jackson

“ The petitioners are a labor union and certain of its officers. The union membership consists of truck drivers occupied in the distribution of baked goods. The respondents Wohl and Platzman are, and for some years have been peddlers of baked goods. They buy from bakeries and sell and deliver to small retailers, and keep the difference between cost and selling price, which in the case of Wohl is approximately thirty-two dollars a week, and in the case of Platzman, about thirty-five dollars a week. ”

“ We recognized that picketing might have a coercive effect: 'It may be that effective exercise of the means of advancing public knowledge may persuade some of those reached to refrain from entering into advantageous relations with the business establishment which is the scene of the disputs. Every expression of opinion on matters that are important has the potentiality of inducing action in the interests of one rather than another group in society.' 310 U.S. page 104, 60 S.Ct. ”

“ When Wohl and Platzman finally refused either to join the union or to employ a union relief man, and continued to work seven days each week, the union took the measures which led to this litigation. On the twenty-third of January, 1939, the union caused two pickets to walk in the vicinity of the bakery which sold products to Wohl and Platzman, each picket carrying a placard, one bearing the name of Wohl and the other that of Platzman, and under each name appeared the following statement: 'A bakery route driver works seven days a week. We ask employment for a union relief man for one day. ”

“ Five years before the trial there were in New York City comparatively few peddlers or so-called independent jobbers-fifty at most, consisting largely of men who had a long-established retail trade. About four years before the trial the social security and unemployment compensation laws, both of which imposed taxes on payrolls, became effective in the State of New York. ”