Waremart Foods v. United Food and Commercial Workers Union, Local 588

Defendant United Food and Commercial Workers Union, Local 588 (Union) appeals from an order granting a preliminary injunction restricting the Union’s picketing activity at the retail store of plaintiff Waremart Foods doing business as WinCo Foods (Waremart). The Union originally contended the injunction was unwarranted and overbroad under Code of Civil Procedure section 527.3, which limits trial court jurisdiction to enjoin specified acts relating to labor disputes.

Waremart cross-appeals insofar as the trial court denied Waremart’s request for an injunction barring all Union activity from Waremart’s premises.

At the oral argument in this case, the Union pointed out that new provisions of the Labor Code (§§ 1138-1138.5) had become effective on January 1, 2000, during the pendency of this appeal. (Stats. 1999, ch. 616, § 1 [Assem. Bill No. 1268].) The Union argued that these new provisions applied to the preliminary injunction entered in this case and mandated reversal of the injunction.

We allowed the parties to file supplemental briefs addressing the possible application of the new Labor Code provisions. In its supplemental brief, the Union points particularly to the…