Quillin

On this appeal by Plumbing, Heating and Piping Employers Council, et al. (hereafter Employers Council) from a portion of an order dated April 5, 1976, denying its motion for attorney’s fees, pursuant to Government Code section 800, the only question is whether the trial court abused its discretion. We affirm, as the record indicates that the question of whether there was any arbitrary or capricious conduct by defendants, the State Labor Commissioner and his deputies (hereafter Labor Commissioner) was not timely raised.

The merits of the instant matter were before this court (Division Three) in Plumbing, Heating, etc. Council v. Howard (1975) 53 Cal.App.3d 828 [ 126 Cal.Rptr. 406 ]. On December 18, 1975, Scott, J. reversed the judgment of the superior court and directed the granting of a preliminary injunction to restrain the Labor Commissioner from proceeding to enforce a wage claim by Terry P. Craig. The sole issue on the prior appeal was the construction of the second sentence of Labor Code section 229, a question of first impression. On the basis of federal authorities and legislative policy, the court held that Labor Code section 229 precluded the Labor Commissioner…