Retail Clerks Union, Local 770 v. Thriftimart, Inc.

Betail Clerks Union, Local 770 brought this action under Code of Civil Procedure section 1287 (now § 1285) for confirmation of an arbitrator’s award. Customers Finance Company (doing business and hereinafter referred to as MOBE) was granted leave to intervene in the confirmation proceedings. Thriftimart and MOBE appeal from the judgment confirming the award on the grounds that the award invades the exclusive jurisdiction of the National Labor Belations Board and denies MOBE due process of law.

Thriftimart operates about 60 retail food stores in the Los Angeles area. The collective bargaining agreement between it and Local 770 expressly applies to “all locations” of Thriftimart.

In May 1961 Thriftimart procured the incorporation of The W.I.T. Company with an authorized capital stock of 20,000 shares, of which 18,660 were issued. The W.I.T. Company then exchanged all of its issued stock for 67,854 shares of Thriftimart stock. W.I.T. in turn exchanged the Thriftimart stock for the physical assets of Consumers Finance Company. As a result of these transactions, Thriftimart owns all of the issued stock of W.I.T., W.I.T. owns the assets of Customers Finance Company (consisting of four…