Internat. Union of Operating Engineers, Local 39 v. Macy's, Inc.

Good Law
Court of Appeal of CaliforniaSeptember 30, 2022A161959California4,022 words

Opinion

Opinion

BACKGROUND

Macy’s runs a department store in San Francisco. Local 39 represents a group of employees who work at the store fixing mechanical issues. After its last collective bargaining agreement with Macy’s expired and the parties were unable to agree on a new agreement, Local 39 called a strike and began picketing at the store in September 2020. In October 2020, Macy’s filed a five-page complaint against Local 39. It alleged that Local 39 had engaged in a continuing and escalating pattern of unlawful misconduct at the store that included (1) mass picketing at the store’s five entrances; (2) blocking ingress and egress at two entrances; (3) disturbing the public through loud and boisterous conduct; (4) creating an unsafe and threatening environment in the community; and (5) damaging property by clogging a drainpipe. Macy’s alleged that Local 39 had authorized, directed, and ratified the misconduct to force Macy’s to accede to its demands in the labor dispute. Macy’s asked for a temporary restraining order and preliminary and permanent injunctions preventing Local 39 from picketing at any of the store’s entrances, blocking ingress or egress, disturbing the public, threatening…

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