Smyrniotis

Predicating its action upon the Jurisdictional Strike Act (Lab. Code, § 1115 et seq.) hereinafter called the Act, the trial court issued a preliminary injunction ordering defendant union to cease picketing plaintiffs’ restaurant. Defendants appeal from that order, contending that the enjoined conduct does not constitute concerted activity “arising out of a controversy between two or more labor organizations” and that, consequently, the Act does not apply.

We hold that since the picketing originated in a dispute between a labor organization and an employer over the terms and conditions of employment, such picketing cannot become a dispute “arising out of” a jurisdictional dispute solely because of the belated appearance of another union which asserts that it represents the employees. Although the course of subsequent events over a period of time may show that a particular strike has failed and that a jurisdictional dispute has arisen in its place, the record in this case contains no indication that such fortuities happened here. Since the record does not show that the original strike terminated and that a jurisdictional dispute intervened, the injunction should not have…

I dissent. I would affirm the judgment for the reasons expressed by Mr. Presiding Justice Roth in the opinion prepared by him for the District Court of Appeal in Smyrniotis v. Local Joint Executive Board (Cal.App.) 44 Cal.Rptr. 600 .