International Molders & Allied Workers Union v. Superior Court

I concur in part and dissent in part. With respect to the temporary restraining order, I dissent from that portion of the decision which affirms contempt against the union (Molders) as to counts 40 and 41 (treated as a single violation). In other respects I concur. With respect to the preliminary injunction, I concur in vacating the contempt order as to Antonio Barba, count 16. However, I dissent from that portion which affirms the contempt order against Tony Hinojosa, count 43; Charles *414 Johnson, count 29; and Donato Zavala, count 21. I further dissent from the finding of contempt against Molders in counts 21 and 43 (inasmuch as those counts are based on the acts of Zavala and Hinojosa). In other respects, I concur.

We deal with the typical pressures which arise in an area of economic warfare we call strikes. Ground rules have been established, particularly by the federal government, as to how those wars are to be waged. The record indicates that issues from this strike were taken into the federal courts, into the local police headquarters and into the state superior court. We specifically deal with (1) contempt proceedings against Molders arising out of a temporary…

Littler, Mendelson & Fastiff, Littler, Mendelson, Fastiff & Tichy and Randolph C. Roeder for Real Party in Interest.

OPINION

PARAS, J.

On April 15, 1976, after failure of negotiations to renew a collective bargaining agreement, petitioner International Molders and Allied Workers Union, Local 164 (hereinafter Molders) commenced a strike against real party in interest Lodi Iron Works (hereinafter Lodi) of Lodi, California. Peaceful picketing took place until the morning of May 4, 1976, when Lodi placed an advertisement in the local newspaper stating that foundry workers were needed at its plant. On that date the number of pickets dramatically increased.

On May 5, 1976, Lodi filed a complaint for injunction, seeking to enjoin Molders and its members from engaging in illegal picketing activities. After written and telephone notice on May 5 and 6 to Molders and its attorneys, and after the judge himself telephoned the office of the attorney for Molders and established that no appearance would be made, the court on May 6, 1976, issued a temporary restraining order, and an order to show cause which it set for hearing on May 20, 1976.

On May 19, 1976, counsel for Lodi sent a telegram…

On April 15, 1976, after failure of negotiations to renew a collective bargaining agreement, petitioner International Molders and Allied Workers Union, Local 164 (hereinafter Molders) commenced a strike against real party in interest Lodi Iron Works (hereinafter Lodi) of Lodi, California. Peaceful picketing took place until the morning of May 4, 1976, when Lodi placed an advertisement in the local newspaper stating that foundry workers were needed at its plant. On that date the number of pickets dramatically increased.

On May 5, 1976, Lodi filed a complaint for injunction, seeking to enjoin Molders and its members from engaging in illegal picketing activities. After written and telephone notice on May 5 and 6 to Molders and its attorneys, and after the judge himself telephoned the office of the attorney for Molders and established that no appearance would be made, the court on May 6, 1976, issued a temporary restraining order, and an order to show cause which it set for hearing on May 20, 1976.

*400 On May 19, 1976, counsel for Lodi sent a telegram to the court, stating: “Counsel for the defendant Union, Victor Van Bourg, and I have agreed to a one week continuance of…