MacHinists Automotive Trades District Lodge No. 190 v. Utility Trailer Sales Co.

I dissent.

The record of arbitration proceedings shows that during the 1977 contract negotiations between the union and employer, the union proposed that the employer, in effect, be required to provide “Tool Insurance” (straight reimbursement for loss), and that the employer refused to place a provision of this *87 kind in the contract. The arbitrator found that Bowers was not entitled to reimbursement for his stolen tools under the contract. Bowers now asks this court to construe Labor Code section 2802 as imposing such a “Tool Insurance” on employer. I cannot agree with the majority’s interpretation of that section as doing so. Rather, as I read the statutory scheme here in question, employer’s liability, if any, for Bowers’ loss of tools must be pursuant to Labor Code section 2800, not section 2802.

Labor Code section 2800 provides, “An employer shall in all cases indemnify his employee for losses caused by the employer’s want of ordinary care.” It is significant that when the Legislature enacted section 2800.1 (musician’s instruments), it placed the new statute directly after section 2800, indicating that it is a specific example of the kind of negligence for which an…

On this appeal by an employee (Bowers) and his union, Machinists Automotive Trades District Lodge No. 190 of Northern California *82 (Union), from an adverse judgment, the only question is whether Labor Code section 2802 1 provides a statutory right to indemnity from the employer, Utility Trailer Sales Company (Employer), for the loss of Bowers’ tools in a weekend burglary of the Employer’s premises. For the reasons set forth below we have concluded that Bowers was entitled to indemnity and we reverse.

The facts were not in dispute and were found as follows by the court: Bowers, a refrigeration mechanic, pursuant to the custom of the industry, furnished the tools necessary to do his assigned work. Bower’s tools were very heavy and were kept in two toolboxes. Three men were needed to move one toolbox; the other could be moved only by forklift.

Bowers’ tools were kept inside the inner building of the Employer’s shop. Before the Thanksgiving weekend of 1977, Bowers locked his tools in the inner office provided by the employer by welding a steel bar across the inner door. The tools were stolen in a burglary over that weekend. Bowers’ tools were valued at over $8,000. The…

On this appeal by an employee (Bowers) and his union, Machinists Automotive Trades District Lodge No. 190 of Northern California (Union), from an adverse judgment, the only question is whether Labor Code section 2802 [1] provides a statutory right to indemnity from the employer, Utility Trailer Sales Company (Employer), for the loss of Bowers' tools in a weekend burglary of the Employer's premises. For the reasons set forth below we have concluded that Bowers was entitled to indemnity and we reverse.

The facts were not in dispute and were found as follows by the court: Bowers, a refrigeration mechanic, pursuant to the custom of the industry, furnished the tools necessary to do his assigned work. Bower's tools were very heavy and were kept in two toolboxes. Three men were needed to move one toolbox; the other could be moved only by forklift.

Bowers' tools were kept inside the inner building of the Employer's shop. Before the Thanksgiving weekend of 1977, Bowers locked his tools in the inner office provided by the employer by welding a steel bar across the inner door. The tools were stolen in a burglary over that weekend. Bowers' tools were valued at over…