Lillefloren v. Superior Court

CARTER, J.

In each case petitioners were found guilty of contempt for violating a temporary restraining order of the superior court issued in an action for injunctive relief by employer-plaintiff against defendants unions and members thereof in connection with the latters’ labor activities. Petitioners seek a review of the judgments and orders of commitment.

The temporary restraining order follows closely the language of the Hot Cargo Act (Lab. Code, §§ 1131-1136) which was considered and found invalid in In re Blaney, 30 Cal.2d 643 [184 P.2d 892],

The additional contention is made that the defendants and petitioners were engaging in their labor activity for an unlawful purpose, namely, to compel the employer-plaintiff to sign a closed-shop contract when it was engaged in interstate commerce, and defendants do not represent a majority of plaintiff’s employees; that they are making a demand for a closed shop which would be unlawful under the National Labor Relations Act. (49 Stats. 449 ; 29 U.S.C.A. 151 et seq.) (See Park & T. I. Corp. v. International etc. of Teamsters, 27 Cal.2d 599 [165 P.2d 891, 162 A.L.R. 1426].) But here the restraining order did not forbid the making of such demand or engaging in the labor activity for such purpose. This court pointed out in Park & T. I. Corp. v. International etc. of Teamsters, supra, that the injunction should be limited to a restraint on the unlawful demand.

For the foregoing reasons the judgments and orders of commitment in each of the above entitled cases are annulled and the petitioners are discharged.

Gibson, C. J., Traynor, J., and Schauer, J., concurred.

Edmonds, J., and Spence, J., concurred in the judgment.