Breitegger

Appellant Breitegger filed a complaint in the Superior Court of Los Angeles County against respondents Columbia Broadcasting System, [Inc.] (CBS), and International Brotherhood of Electrical Workers, Local No. 45 (Local 45), for “Breach of Contract; Misrepresentation Under Labor Code §§ 1050, 1054 and Wrongful Interference in Contract and Advantageous Business Relations.”

The trial court entered judgment of dismissal on the ground that the court lacked jurisdiction over the subject matter because exclusive primary jurisdiction is vested in the National Labor Relations Board (NLRB). Plaintiff Breitegger appeals.

The allegations of the complaint are as follows: Appellant was employed by CBS as an electrical worker from October 1960 to November 1967, when he was laid off. Thereafter appellant applied for employment in a similar capacity with various prospective employers and for re-employment with CBS. In making such applications appellant stated that the reason for leaving the service of CBS was “season lay off.” In the regular course of employment practice such prospective employers inquired of Local 45 as to the character of appellant’s services and to verify the stated…