Automobile Salesmen's Union v. Eastbay Motor Car Dealers, Inc.

Defendants Eastbay Motor Car Dealers, Inc., Lloyd A. Wise, Inc., J. E. French Co., Bob Philippi, Inc., and Lee Adams Pontiac, Inc., appeal from a judgment in favor of respondent Automobile Salesmen’s Union, Local 1095, in an action for declaratory relief.

Respondent, Automobile Salesmen’s Union, Local 1095 (hereinafter Union) is a labor organization representing automobile salesmen in Alameda Couhty. Appellant Eastbay Motor Car Dealers, Inc. (hereafter East-bay) , is an employer association whose membership consists of some, but not all, of the automobile dealers in Alameda County, including appellants Lloyd A. Wise, Inc., J. E. French Co., Bob Philippi, Inc., and Lee Adams Pontiac, Inc. (hereafter dealers). Muller-Gordon Motor Company is also a member of the employer association and was a defendant in the trial court but is not a party to the appeal.

On July 26, 1966, Eastbay, as agent for the dealers affiliated with it, and Union entered into a collective bargaining agreement covering the salesmen employed by those dealers. That agreement contained the following provisions which are material to this appeal: “Section One. Authorization. (1) Eastbay Motor Car Dealers,…