Francesco's B., Inc. v. Hotel And Restaurant Employees And Bartenders Union, Local 28

659 F.2d 1383 108 L.R.R.M. (BNA) 2906 , 92 Lab.Cas. P 13,093 FRANCESCO'S B., INC., a California Corporation, Plaintiff-Appellee, v. HOTEL AND RESTAURANT EMPLOYEES AND BARTENDERS UNION, LOCAL 28, a Labor union, and unincorporated association, and others, Defendants-Appellants. No. 80-4077. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 13, 1981. Decided Oct. 26, 1981. 1 J. Thomas Bowen, Davis, Cowell & Bowe, San Francisco, Cal., for defendants-appellants. 2 John E. Cantwell, Law Offices of Moore, Sizoo & Cantwell, Oakland, Cal., for plaintiff-appellee. 3 Appeal from the United States District Court for the Northern District of California. 4 Before DUNIWAY and SNEED, Circuit Judges, and KELLEHER, * District Judge. KELLEHER, District Judge: 5 Plaintiff-Appellee Francesco's B., Inc. ("the restaurant"), is a restaurant operated in Oakland, California. Defendant-Appellant Local 28 ("the Union"), represents certain employees of plaintiff. The restaurant fired one of its employees. The Union demanded his reinstatement and, when that was refused, called a strike against the restaurant. The restaurant thereupon brought this action in the District Court. The…