Hob Nob Hill Restaurant v. Hotel Employees & Restaurant Employees International Union

*1267 MEMORANDUM OPINION AND ORDER

The Honorable Earl B. Gilliam heard defendants’ motion to dismiss causes of action one through four of plaintiffs’ complaint on February 23,1987. Richard Freeman and Guy Halgren of Sheppard, Mullin, Richter & Hampton appeared for plaintiffs. Elizabeth Lishner of Pappy & Davis and Thomas Tosdal of Georgiou & Tosdal appeared for defendants. After careful consideration of the briefs, the oral arguments and the written answers to supplemental questions asked by the court, this court grants defendants’ motion to dismiss causes of action one through four.

I. FACTUAL BACKGROUND

The plaintiffs in this action are Hob Nob Hill Restaurant [hereinafter “the Restaurant”] and its president, Harold Hoersch. The defendants are the Hotel Employees and Restaurant Employees International Union, its Local Number 30 [together hereinafter “the Union”], Herbert Schiffman, an organizer of Local 30, and Sherry Cook and Janet Schart, union members and waitresses at the restaurant. The Restaurant and the Union are parties to a collective bargaining agreement.

The Restaurant has employed a tip pooling system in which all tips left during the morning shift are collected…