William J. Brennan, Jr.

“ If a public appeal directed only at a product results in a decline of 25% in the secondary employer's sales of that product, the corresponding reduction of his purchases of the product is due to his inability to sell any more. ”

“ Many months later, when the Conference bill was before the Senate, Senator Morse, a conferee, would not support the Conference bill on the express ground that it prohibited consumer picketing. [13] But we have often cautioned against the danger, when interpreting a statute, of reliance upon the views of its legislative opponents. In their zeal to defeat a bill, they understandably tend to overstate its reach. 'The fears and doubts of the opposition are no authoritative guide to the construction of legislation. ”

“ In the debates before passage of the House bill he stated that the amendments applied to consumer picketing of customer entrances to retail stores selling goods manufactured by a concern under strike, if the picketing were designed to 'coerce or to restrain the employer of (the) second establishment, to get him not to do business with the manufacturer * * *,' and further that, 'of course, this bill and any other bill is limited by the constitutional right of free speech. ”

“ Since it was desired to assure Safeway employees that they were not to cease work, and to avoid any interference with pickups or deliveries, the pickets appeared after the stores opened for business and departed before the stores closed. At all times during the picketing, the store employees continued to work, and no deliveries or pickups were obstructed. Washington State apples were handled in normal course by both Safeway employees and the employees of other employers involved. Ingress and egress by customers and others was not interfered wit in any manner. ”

“ The public will, it is said, neither read the signs and handbills, nor note the explicit injunction that ' his is not a strike against any store or market.' Be that as it may, our holding today simply takes note of the fact that Congress has never adopted a broad condemnation of peaceful picketing, such as that urged upon us by petitioners, and an intention to do so is not revealed with that 'clearest indication in the legislative history,' which we require. National Labor Relations Board v. Drivers, etc. Local Union, supra. ”

“ While any diminution in Safeway's purchases of apples due to a drop in consumer demand might be said to be a result which causes respondents' picketing to fall literally within the statutory prohibition, 'it is a familiar rule that a thing may be within the letter of the statute and yet not within the statute, because not within its spirit nor within the intention of its makers.' Holy Trinity Church v. ”

“ IV, 1963) § 158 (b) (4) .↑ The firms, 24 in number, are members of the Tree Fruits Labor Relations Committee, Inc., which acts as the members' agent in labor disputes and in collective bargaining with unions which represent employees of the members. The strike was called in a dispute over the terms of the renewal of a collective bargaining agreement.↑ The placard worn by each picket stated: 'To the Consumer: Non-Union Washington State apples are being sold at this store. ”

“ Please do not purchase such apples. Thank you. Teamsters Local 760, Yakima, Washington.'↑ Copies of the letter delivered to each store manager and of the instructions to pickets are printed in the Appendix.↑ The complaint charged violations of both subsections (i) and (ii) of § 8 (b) (4) . ”