Ex Parte Purvis

382 So.2d 512 (1980)

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Nature of the Case

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Facts

Purvis (D) tried to get the Water Works to recognize his union as the exclusive bargaining representative of the hourly paid employees of the Works. On July 31, 1979, D advised the Works that a strike would be started unless all demands had been met. The Works refused, and the hourly employees of the Water Works went on strike. D was incarcerated under criminal contempt. That same day the Works petitioned the Circuit Court for a T.R.O. in that the strike was illegal, the striking employees were harassing customers, and the City of Birmingham would suffer irreparable harm. A T.R.O. was issued August 2, 1979, and D was served with a copy. The evidence of contempt was that D told the serving sheriff’s deputy that he would stay out even if he had to go to jail. D continued picketing under August 3, 1979, and even threatened a supervisor that drove through the picket line. Works then filed a petition to show cause, and the trial court found D in contempt on August 6, 1979. The court found three violations by D. D was sentenced to 15 days in jail for three instances of contempt and fined $100 for each offense. This court granted a stay of execution of the sentence after D served 8 days for an appeal.