Curtis Howard v. Joint Port Labor Relations Committee

The seven appellants in this case brought this action in the court below against the International Longshoremen’s and Warehousemen’s Union, of which they were formerly members, and against Pacific Maritime Association, by whom they were formerly employed. By the action they sought to procure reinstatement in the union and reemployment by the employer. Previously, in 1957, and in 1960, the same appellants, as plaintiffs, filed suits in a California Superior Court first against the union and later against all defendants involved in the present case seeking the same relief now sought in the court below.

In each of those state court cases the plaintiffs therein were denied relief. In the action brought in 1960, the case went to trial on the merits and judgment was rendered in favor of the defendants. The plaintiffs therein filed notice of appeal but failed to comply with the rules of the District Court of Appeal relating to perfection of the appeal and their attempted appeal was dismissed. When the present action came before the court below, the defendants moved to dismiss and for summary judgment which the trial court granted on the following grounds: “[T]he relevant and material…