International Ass'n of Heat & Frost Insulators & Asbestos Workers, Local No. 5 v. Superior Court

*3 Opinion

Introduction

Petitioner [International Association of Heat and Frost Insulators and Asbestos Workers, Local No. 5] seeks, by writ of certiorari, review of an order finding petitioner in contempt for violation of a temporary restraining order and imposing a fine of $2,000.

Background

The parties have stipulated to the facts. On April 10, 1981, real party in interest Southern California Edison Company (Edison) filed a complaint for injunctive relief. The complaint alleged that petitioner was engaged in a labor dispute with Miller Reel Company, a subcontractor performing insulation work for Edison; that a separate gate at Edison’s El Segundo generating station, gate No. 1, had been designated for the exclusive use of Miller Reel employees but petitioner’s pickets appeared at gate No. 2, utilized by Edison’s employees; and that Edison’s employees had refused to report for work, fearing for their physical safety and that of their vehicles, thereby jeopardizing the safe operation of the El Segundo generating station.

On the basis of uncontested affidavits and declarations offered in support of the allegations, Judge Weil found that there was no labor dispute between…

I respectfully dissent. I would affirm the order of the superior court adjudging petitioner International Association of Heat and Frost Insulators and Asbestos Workers, Local No. 5, (hereinafter Union) in contempt and imposing a $2,000 fine.

*8 On April 10, 1981, real party, Southern California Edison Company, a corporation (hereinafter Edison) filed a complaint, with supporting affidavits, for injunctive relief in respondent superior court, a state court of general jurisdiction. Edison in the complaint alleged that the Union was engaged in a labor dispute with Miller Reel Company (Miller Reel), a subcontractor performing insulation work at Edison’s El Segundo generating station; that a separate gate, gate No. 1, at Edison’s generating station was specifically designated for the exclusive use of ingress and egress by subcontractor Miller Reel’s employees; that the Union did not picket gate No. 1 but picketed gate No. 2 used by Edison’s employees; that a large number of Edison employees fearing for their physical safety and that of their vehicles refused to report for work; and that the picketing caused irreparable harm to Edison, warranting the court to issue a temporary…