Gerry of California v. Superior Court

The petitioner seeks the writ of mandamus to direct the respondent, the Superior Court in and for the County of Los Angeles, to assume jurisdiction of an application for an injunction in an action brought in that court against various labor unions and officers thereof. The alternative writ issued and the matter is submitted on a general demurrer to the petition.

The record shows the following facts which for the purpose of this proceeding are deemed to be true:

The petitioner’s employees are unorganized. On November 4, 1947, the defendant unions, particularly International Ladies’ Garment Workers Union, Pacific Coast Regional Office, and Western Warehouse Council of the International Brotherhood of Teamsters (A. P. of L.), sought to organize the employees of petitioner and placed a picket line around its place of business. On that date the company signed an agreement with the unions to enter into negotiations, but it was also agreed that neither party would enforce the union shop clause unless the employees voted to authorize such an agreement pursuant to section 9 of the National Labor Relations Act (July 5, 1935, ch. 372, 49 Stats. 449, 453, 29 U.S.C.A. §§ 151 , 159) as…