Seven Up Bottling Co. of Los Angeles v. Grocery Drivers Union Local 848

I dissent.

Because of the danger of conflict in the application of the Jurisdictional Strike Act with the National Labor Relations Board’s application of the federal statute, and for the reasons set forth in my dissent in Garmon v. San Diego Bldg. Trades Council, ante, p. 595 [ 320 P.2d 473 ], I would reverse the entire judgment.

Appellants’ petition for a rehearing was denied February 13, 1958. Gibson, C. J., Carter, J., and Traynor, J., were of the opinion that the petition should be granted.

This is an appeal by the defendants from a judgment enjoining them from picketing and other interference with the plaintiff’s business in violation of the Jurisdictional Strike Act (Lab. Code, §§ 1115-1120), and awarding plaintiff $4,000 in damages for tortious conduct on the part of the defendants.

The plaintiff is a California corporation engaged in the production, bottling, and distribution of beverages. In March 1949 it entered into a collective bargaining agreement concerning the wages, hours, and working conditions of its non-supervisory employees with the Seven Up Employees’ Association. Beginning in June 1949 the defendants engaged in activities designed to compel the plaintiff to recognize the defendants as the exclusive bargaining representatives of the plaintiff’s employees. To enforce their demand for recognition, the defendants began peaceful picketing of retail stores which sold the plaintiff’s products. Picket signs announced that the plaintiff’s products were made by workers who were not members of the defendant union, and that the plaintiff was on the defendants’ “We Do Not Patronize List.” Truck drivers of suppliers refused to cross the picket lines to make…