Retail Clerks' Union v. Superior Court

Severson, Davis & Larson, Nathan R. Berke and George Brunn for Real Parties in Interest.

Petitioners (labor unions and organizers) seek a writ of prohibition (with mandatory as well as prohibitory effect) to compel respondent superior court of Trinity County (1) to desist from further proceedings in an action (hereinafter sometimes referred to as the basic or superior court action) brought against petitioners by the real parties in interest (employers who operate a retail market), (2) to dissolve an "order for preliminary injunction and preliminary injunction" entered in such basic action, and (3) to grant petitioners' "motions to dismiss and vacate any judgment, order for preliminary injunction and preliminary injunction" entered in that action.

The complaint in the subject basic action alleges that defendants (petitioners here) are interfering with plaintiffs' business by picketing to compel plaintiffs to execute collective bargaining agreements with the demanding unions; that the unions are not authorized to represent, or to negotiate for, any of plaintiffs' employes; but that the agreements contain a provision that plaintiffs will require their employes to…

I concur in the judgment insofar as it determines that the Trinity County ordinance is invalid. It is my opinion, however, that the finding relied upon by the majority opinion does not establish that petitioners’ objective was unlawful under state law and that the preliminary injunction is therefore without support in the record.

Petitioners, certain unions and their officers seeking to organize plaintiffs’ Super Market employees, commenced picketing the market to induce plaintiffs to execute union shop agreements. Plaintiffs’ employees had not selected the unions as their bargaining agents, and it does not appear that they wish to be organized or to work under a union shop agreement. The majority opinion holds that picketing or other concerted activities by the unions to secure union shop agreements is therefore unlawful under state law. In the companion case of Chavez v. Sargent, ante, p. 162 [ 339 P.2d 801 ], the majority opinion holds that a union or closed shop agreement is lawful if a majority of the employees wish it and that in such a case picketing or other peaceful concerted activity to secure a union or closed shop is likewise lawful.

This is new law in this state.…

Petitioners (labor unions and organizers) seek a writ of prohibition (with mandatory as well as prohibitory effect) to compel respondent superior court of Trinity County (1) to desist from further proceedings in an action (hereinafter sometimes referred to as the basic or superior court action) brought against petitioners by the real parties in interest (employers who operate a retail market), (2) to dissolve an “order for preliminary injunction and preliminary injunction” entered in such basic action, and (3) to grant petitioners’ “motions to dismiss and vacate any judgment, order for preliminary injunction and preliminary injunction” entered in that action.

The complaint in the subject basic action alleges that defendants (petitioners here) are interfering with plaintiffs’ business by picketing to compel plaintiffs to execute collective bargaining agreements with the demanding unions; that the unions are not authorized to represent, or to negotiate for, any of plaintiffs’ employes; but that the agreements contain a provision that plaintiffs will require their employes to become and remain members of the unauthorized unions (and thereby choose and designate such unions as their…

I concur in the judgment and opinion, for the reasons expressed in my concurring opinion in Chavez v. Sargent, ante, p. 162 [ 339 P.2d 801 ].