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Overnite Transportation Co. v. Teamsters Local 107

Civil contempt order against union for violation of an injunction in a labor dispute vacated because union took action to investigate and control the misconduct that occurred on its picket line, and there was no evidence that union tacitly approved of the acts of violence committed by its individual union member.

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� 1 This is an appeal from a judgment entered following an order finding Appellant in civil contempt of court for violation of an injunction in a labor dispute.

� 2 We first address Appellee’s Motion to Quash. Appellee argues that we are without jurisdiction to hear this appeal because it was filed more than 30 days after the order was entered. The relevant procedural history is as follows.

� 3 The order of civil contempt was entered following a hearing on April 27, 2000. On May 4, 2000, Appellant filed several pleadings before the court, including a Motion for Post-Trial Relief, a Petition for Rule to Show Cause for Reconsideration of the Court’s April 27, 2000 Contempt Order and a Petition for Rule to Show Cause Why Court Order of April 27, 2000 Should Not Be Stayed Pending Consideration of Motion for Reconsideration. On May 15, 2000, the court ordered the filing of a 1925(b) statement of matters complained of on appeal. In a letter dated May 17, 2000, the trial court informed the parties: “You may disregard the request for a 1925b statement since the matter before the Court involves post-trial motions.” The letter also established a briefing schedule. *fn2 On May 19, 2000, the trial court entered a Rule to Show Cause Why this Court’s Order Entered on April 27, 2000 Should Not be Stayed and Vacated. The Rule was returnable June 12, 2000. Appellant’s post-trial motions were eventually denied on September 25, 2000. The notice of appeal was filed on October 18, 2000.

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