In re DeSilva

The petitioner sought his release from confinement pursuant to a conviction of contempt for violation *77 of a preliminary injunction issued in an action brought by Lillian and Nathan A. Simons, doing business as Sureway Drug Company, against the Retail Clerks Union Local 770 and other defendants.

Sureway Drug Company is a retail drugstore in Los Angeles which employed two pharmacists and eight clerks. The employees were unorganized. In April, 1947, the union began to organize the employees and obtained membership applications and representation authorizations from a majority, namely six of the employees including one of the pharmacists. Subsequently all or some of the six employees were discharged from their employment and the company refused to sign the proffered collective bargaining agreement. The union commenced picketing the store on November 6, 1947. In January, 1948, the company filed with the National Labor Relations Board a petition for certification of a representative of the employees, designating the union as the claimant for recognition. The petition was denied by the board on the ground that the union had not filed the documents, reports and affidavits required by…