Lund

Lund v. Auto Mechanics' Union No. 1414

Good Law
16 Cal. 2d 374·1940 Cal. LEXIS 315·106 P.2d 408·7 L.R.R.M. (BNA) 701
Supreme Court of CaliforniaOctober 14, 1940S. F. No. 16146California1,609 words

Opinion

Lead Opinion

Edmonds, J.

Acts of union labor occasioned this suit for an injunction, and the appeal is from a decree enjoining the *375 Auto Mechanics’ Union and its business agent from maintaining pickets at the respondent’s place of business.

At the time the controversy arose, the respondent owned and operated the ‘' Campus Garage” at Palo Alto. By a verified complaint he alleged that he had only six employees, “none of whom are members of any union and none desire to join a union; that there is no dispute between him and these employees regarding wages, hours, working conditions or otherwise”, and they are not on strike. However, the allegations continued, the appellants caused pickets to be placed and maintained in the front and rear of his establishment, carrying signs with the inscription “Unfair to Organized Labor, Auto Mechanics’ Union No. 1414”, to his damage in the sum of $10,000.

Upon the filing of this complaint, the superior court issued a temporary restraining order. Later the appellants answered the complaint and the issues thus joined came on for trial. Upon findings of fact that the acts charged in the complaint had been committed by the appellants, the court rendered judgment enjoining…

Dissenting Opinion

Curtisshenkmarks, J.

We dissent for the reasons stated in the dissenting opinions in the case of McKay v. Retail Automobile Salesmen’s Local Union, No. 1067, S. P. No. 16016 (ante, pp. 335, 336 [ 106 Pac. (2d) 373 ]).

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