This section contains the nature of the case and procedural background.

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.

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