Calise v. Superior Court In and For Los Angeles County, AFL-CIO

• Decision Date: 03 April 1958
• Docket Number: AFL-CIO
• Citation: 159 Cal.App.2d 126,323 P.2d 859
• Court: California Court of Appeals Court of Appeals
• Parties: , 41 L.R.R.M. (BNA) 2800, 34 Lab.Cas. P 71,436 John CALISE, as Secretary-Business Agent and principal officer of and for and on behalf of the Seine and Line Fisherment's Union of San Pedro,; Thomas Ivey; as President of and for and on behalf of Cannery Workers Union of the Pacific; and Steve Edney, Petitioners, v. The SUPERIOR COURT of the State of California, IN AND FOR COUNTY of LOS ANGELES, Respondent, and Franco-Italian Packing Company, a corporation, Real Party in Interest. Civ. 22934.

Page 859

323 P.2d 859

159 Cal.App.2d 126, 41 L.R.R.M. (BNA) 2800,

34 Lab.Cas. P 71,436

John CALISE, as Secretary-Business Agent and principal officer of and for and on behalf of the Seine and Line Fisherment's Union of San Pedro, AFL-CIO; Thomas Ivey; as President of and for and on behalf of Cannery Workers Union of the Pacific; and Steve Edney, Petitioners, v. The SUPERIOR COURT of the State of California, IN AND FOR COUNTY of LOS ANGELES, Respondent and Franco-Italian Packing Company, a corporation, Real Party in Interest.

Civ. 22934.

District Court of Appeal, Second District, Division 2, California.

April 3, 1958.

Gilbert, Nissen & Irvin, Los Angeles, for petitioners.

Leonard Di Miceli, San Pedro, for real party in interest.

KINCAID, Justice pro tem.

The petitioners are two labor unions and through their officers are seeking a writ of prohibition to restrain the respondent court from hearing an order to show cause why a preliminary injunction should not issue enjoining petitioners from causing or inducing the cannery-worker employees of the real party in interest to refuse to unload and process certain deliveries of fish, from boycotting or picketing the plant and business of the real party in interest, and from doing various other acts as detailed in said order to show cause. The petition likewise seeks to restrain the respondent court from enforcing a temporary restraining order issued by it, and from taking any further proceedings in the action instituted by the real party in interest against petitioners and other parties.

An answer to the petition has been filed by the real party in interest, Franco-Italian Packing Company, a corporation, hereinafter referred to as 'Packing Company.'

The Packing Company in October 1957 filed a complaint against petitioners herein as defendants in the superior court seeking a temporary restraining order, preliminary and permanent injunctions and damages. A copy of this complaint is attached to and made a part of the petition as Exhibit A thereof.

It was stipulated that at all times in question the Packing Company was and is operating a business engaged in interstate commerce.

Since the filing of the above-described complaint the respondent court has issued a temporary restraining order enjoining and restraining the defendants in the action and petitioners herein from engaging in picketing, boycotting and other concerted activities. The respondent court further made and issued an order to show cause directed toward defendants and petitioners to show cause why a preliminary injunction should not be issued restraining and enjoining said parties from doing any of the acts complained of in the complaint.

The facts in this proceeding as reflected by the complaint are substantially as follows:

1. Packing Company is engaged in the business of packing, canning and processing fish and fish products at its plant on Terminal Island in the Los Angeles Harbor area, and of selling said fish and fish products throughout the United States.

2. All of the cannery workers employed by Packing Company are members of the defendant 'Cannery Workers Union of the Pacific, AFL-CIO' (hereinafter for convenience called 'Cannery Workers Union'); that said union represents itself to be the collective bargaining representative of Packing Company's cannery-worker employees, and has been recognized and accepted as such by Packing Company.

3. Defendant 'Seine & Line Fishermen's Union of San Pedro, AFL-CIO' (hereinafter for convenience called 'AFL-CIO Fishermen's Union') and defendant 'Fishermen's Union Local 33 ILWU' (hereinafter for convenience called 'ILWU Fishermen's Union') are unions which represent themselves to be collective bargaining representatives of certain groups of employees (fishermen-crewmen) on commercial fishing boats.

4. That on or about September 24, 1957, the owner of a commercial fishing boat known as the 'Sandy Boy' entered into an agreement with the ILWU Fishermen's Union as the supposed collective bargaining representative of the employees of said vessel to pay certain agreed sums per ton to said employees for their catches of fish.

That also on or about said September 24, 1957, Packing Company, believing in good faith that the vessel 'Sandy Boy' was in good standing and manned by crew mambers under the jurisdiction of the ILWU Fishermen's Union, entered into an agreement with the owner of the 'Sandy Boy' to buy said vessel's catches of fish at certain agreed prices; and that, in conjunction therewith, Packing Company executed a master bargaining agreement with said ILWU Fishermen's Union whereby Packing Company in substance met all the demands, terms and conditions then being demanded by commercial fish boat owners and by the crew members of said boats through their respective bargaining agents.

5. That a jurisdictional dispute, in alleged violation of section 1115 et seq., of the Labor Code of the State of California, has arisen and exists between said AFL-CIO Fishermen's Union and said ILWU Fishermen's Union, over which of said unions is the collective bargaining representative of the fishermen-crewmen employees of the 'Sandy Boy' and other commercial fishing vessels.

6. That after Packing Company had entered into the aforementioned agreements with the owner of the 'Sandy Boy' and with the ILWU Fishermen's Union, the AFL-CIO Fishermen's Union notified Packing Company that said vessel and its owner had been classified as unfair; that Packing Company would be prevented from accepting deliveries of fish from said vessel; that said vessel would be picketed upon arrival at Packing Company's docks by the members of said AFL-CIO Fishermen's Union; and that the latter had notified the Cannery Workers Union that said vessel was unfair, and that the members of said last-named union who were employees of Packing Company should not unload or process and pack fish sought to be delivered from said vessel to Packing Company.

That almost concurrently therewith, the Cannery Workers Union also notified Packing Company that the employees of Packing Company who were members of said Cannery Workers Union, would not unload or process and pack fish sought to be delivered by the 'Sandy Boy' to Packing Company.

That, on the other hand, Packing Company was notified and threatened by the ILWU Fishermen's Union that, unless Packing Company took deliveries from the 'Sandy Boy,' said ILWU Fishermen's Union would picket and boycott Packing Company's business and would picket any and all other commercial fishing vessels, union or nonunion, seeking to deliver fish to Packing Company.

7. That, in addition to the foregoing, it is in substance alleged in the complaint that the defendants have engaged in, or threatened to engage in, conduct, as follows:

(a) As to the Cannery Workers Union:

That the Cannery Workers Union has threatened and continues to threaten that it will cause all cannery workers of Packing Company to walk out of Packing Company's plant, to call a work stoppage and to boycott Packing Company in its dealings with nonunion vessels, if Packing Company abides by its agreements with the owner of the 'Sandy Boy' and with the ILWU Fishermen's Union. That, on one specific occasion when the 'Sandy Boy' sought to deliver its catch of fish, Packing Company's cannery-worker employees because of fear, coercion and intimidation brought against them by said Cannery Workers Union refused to unload fish from the 'Sandy Boy' and threatened that, if Packing Company should unload said fish, they would walk out of the plant; and that, as a consequence, Packing Company was unable to take delivery to its irreparable injury and damage. That also upon each occasion when the ILWU Fishermen's Union as hereinafter noted has established a picket line at Packing Company's plant to prevent Packing Company from taking delivery of fish from nonunion small scoop fishing vessels, Cannery Workers Union has refused and threatens to continue to refuse to unload or work any fish delivered from said nonunion fishing boats; and that, as a consequence, Packing Company has been unable to take deliveries from said nonunion vessels to its irreparable injury and damage.

(b) As to the AFL-CIO Fishermen's Union:

That the AFL-CIO Fishermen's Union has threatened and continues to threaten Packing Company that its members will continue to maintain picket lines at Packing Company's plant in positions to interrupt effectively the delivery of fish to Packing Company and the processing and shipment thereof. There are no direct, specific allegations as to the conduct of said union in maintaining picket lines or otherwise; but the allegations of the complaint may be fairly construed as alleging that the AFL-CIO Fishermen's Union has maintained a picket line at Packing Company's plant, and that it has endeavored to cause or induce Packing Company's cannery workers not to unload or process fish from the 'Sandy Boy.'

(c) As to the ILWU Fishermen's Union:

That said ILWU Fishermen's Union has from time to time established, and threatens to continue to establish, a picket line along and in front of Packing Company's wharf in order to prevent Packing Company...