Thornton
Thornton v. Victor Meat Co.
Opinion
Opinion
Sims, J.
—Plaintiffs, who consist of Butchers Union, Local No. 120, its secretary-treasurer, and several members of the union, sought to recover, for all members similarly situated; wages allegedly due from the defendant meat processors under the provisions of a collective bargaining agreement which guaranteed the regular employees a five-day, forty-houy work week. The defendants, members of the Pacific Coast Meat Jobbers Association, attacked the complaint by demurrer, and motion for summary judgment. Plaintiffs Jiave appealed from an adverse judgment entered following the granting of defendants ’ motion.
The background of the controversy can be ascertained from the complaint. Plaintiffs allege that on October 1, 1961, certain associations representing defendants, and defendants entered into a collective bargaining agreement with the union covering wages, hours and conditions of employment. This agreement provided: “Regular employees shall be guaranteed five (5) days, forty (40) hours of work, unless they are advised before quitting time on Friday that they are being hired or brought to work for the following week on a predetermined short work week of less than five (5) days and less…