San Diego Gas & Electric Co. v. San Diego Congress of Racial Equality
Opinion
lead Opinion
Stone, J.
— By a preliminary injunction defendants were prohibited from obstructing ingress and egress to places of business of plaintiff, San Diego Gas & Electric Company, or interfering with any person using any of plaintiff’s places of business.
Specifically, defendants were limited to two pickets at the main entrance of plaintiff’s main office, and one picket at any other entrance or at the entrance or exit of any of plaintiff’s other places of business, buildings, plants, facilities and properties.
Defendants were also prohibited from exhibiting signs, posters, placards or slogans stating that plaintiff discriminates or is unfair in its hiring practices because it does not hire a certain ratio, percentage or quota of any minority group or groups, and from exhibiting signs, posters, placards or slogans designed for the purpose of compelling, intimidating or coercing in any manner, plaintiff to hire any minority group or groups in the ratio, percentage or quota of any kind, and to the ratio, percentage or quota of any kind that they bear to the total population or any other ratio, percentage or quota system of hiring.
The preliminary injunction was issued January 15, 1964, as the…
concurrence Opinion
Coughlin, J.
I concur, but deem it advisable to note that the modification of the injunction deleting therefrom restrictions upon the language defendants may use in picketing signs, posters, placards or slogans is not an authorization to use language the object of which is to effect quota hiring. Where the object of picketing is unlawful, the picketing is unlawful, and may be enjoined. (Northwestern Pac. R.R. Co. v. Lumber & Sawmill Workers’ Union, 31 Cal.2d 441, 445-446 [ 189 P.2d 277 ] ; Park & Tilford Import Corp. v. International etc. of Teamsters, 27 Cal.2d 599, 603 [ 165 P.2d 891 , 162 A.L.R. 1426 ].) Quota hiring based on race, creed or color is unlawful. (Hughes v. Superior Court, 32 Cal.2d 850 [ 198 P.2d 885 ].) An employer who is required to hire a designated percentage of his employees only because they are persons of a particular race, creed or color, and perforce is required to refuse to hire those of another race, creed or color in order that he may employ the former, is required to discriminate against those he refuses to employ because they are not of the race, creed or color included within the percentage hiring classification. However, an injunction directed to conduct which…
Opinion
By a preliminary injunction defendants were prohibited from obstructing ingress and egress to places of business of plaintiff, San Diego Gas & Electric Company, or interfering with any person using any of plaintiff's places of business.
Specifically, defendants were limited to two pickets at the main entrance of plaintiff's main office, and one picket at any other entrance or at the entrance or exit of any of plaintiff's other places of business, buildings, plants, facilities and properties.
Defendants were also prohibited from exhibiting signs, posters, placards or slogans stating that plaintiff discriminates or is unfair in its hiring practices because it does not hire a certain ratio, percentage or quota of any minority group or groups, and from exhibiting signs, posters, placards or slogans designed for the purpose of compelling, intimidating or coercing in any manner, plaintiff to hire any minority group or groups in the ratio, percentage or quota of any kind, and to the ratio, percentage or quota of any kind that they bear to the total population or any other ratio, percentage or quota system of hiring.