Service Employees International Union v. Superior Court

*714 Opinion

This petition for writ of prohibition was brought by Service Employees International Union, Local 102, AFL-CÍO (Union) to restrain the superior court from exercising further jurisdiction in this matter, claimed to rest within the exclusive jurisdiction of the National Labor Relations Board (Board). We agree the matter is not within the jurisdiction of the superior court and accordingly issue the writ of prohibition as prayed. (Code Civ. Proc., § 1102; Musicians Union Local No. 6 v. Superior Court (1968) 69 Cal.2d 695 [ 73 Cal.Rptr. 201 , 447 P.2d 313 ]; Writers’ Guild of America West, Inc. v. Superior Court (1975) 53 Cal.App.3d 468, 473, 474 [ 126 Cal.Rptr. 498 ].)

Plaintiff (real party) Royal Convalescent Hospital, Inc. (Royal) initiated the action by its complaint for a temporary restraining order and preliminary and permanent injunctions. It alleges Union “engineered a concerted refusal to work” in Royal’s hospital without first notifying Royal and the Federal Mediation and Conciliation Service of its intention, in violation of section 8(g) of the National Labor Relations Act (NLRA) ( 29 U.S.C. § 158 ). Royal claims the walkout was motivated by prejudice against…