United Food & Commerial Workers Union, Local 324 v. Superior Court

Petitioners United Food and Commercial Workers Union, Local No. 324, AFL-CIO, CLC (Local 324) and United Food and Commercial Workers Union, Local No. 770, AFL-CIO (Local 770) (collectively, the unions) seek writs of mandate to overturn an order denying their respective motions for summary judgment in an action brought by an employer, real party in interest Gigante USA, Inc. (Gigante), for a permanent injunction to enjoin picketing outside Gigante’s store.

Before injunctive relief will lie in an action involving or growing out of a labor dispute, the party seeking the injunction must establish, inter alia, “[t]hat the public officers charged with the duty to protect complainant’s property are unable or unwilling to furnish adequate protection.” (Lab. Code, § 1138.1, subd. (a)(5).)

In resisting summary judgment, Gigante failed to make a showing that law enforcement is unable or unwilling to furnish adequate protection. No triable issue exists in that regard. The evidence established that law enforcement was summoned, responded in a timely manner, protected persons and property, and ensured ingress and egress to and from the premises. On this record, there was neither an…