Paoli v. California & Hawaiian Sugar Refining Corp.

BRAY, J.

Plaintiff Paoli and others, on behalf of Sugar Refinery Employees’ Union, Crockett Local 20037, A. F. of L. (the collective bargaining representative), seeking damages and injunctive relief, sued defendant alleging a breach by defendant of a collective bargaining contract and of an arbitration award rendered thereunder. The trial court rendered judgment denying damages

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but granting injunctive relief. Defendant appeals.

The relief granted was a declaration that defendant had breached the contract and the award and ‘ ‘ That the plaintiffs

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are hereby entitled to injunctive relief to prevent the defendant, and all agents,” etc., “from designating certain employees in the Engineering Department to work a reverse back to back schedule rather than a Monday through Friday schedule.” The entire action is based upon a certain contract between the union and the defendant and an arbitrators’ award rendered thereunder. The contract expired September 1, 1954.

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August 13, 1954, a “memorandum order” hereafter discussed was filed. January 10, 1955, findings of fact and conclusions of law and the judgment were filed. The appeal was taken thereafter.

Question Presented

While the action was primarily to obtain a declaration of the meaning of the arbitration award and damages, the question that is determinative of this appeal is the effect of the termination of the contract before the entry of judgment. While the injunction portion of the judgment does not limit its application to the term of the contract, under the pleadings and facts it could apply only during that term. Plaintiffs concede that “the injunctive relief could not be effective beyond such date”-—“the date of termination of the contract ...”

Plaintiffs contend that the “memorandum order” was a final order granting injunctive relief, and having been filed before the contract expired was a valid order, and although any appeal therefrom would be moot, the judgment itself is valid. Defendant contends that the “memorandum order” was merely an opinion of the judge, or at most an interlocutory order; that the judgment is the only final order, and being made after the expiration of the contract, is void. An examination of the “memorandum order” discloses that it is not a final order. During the trial it was stipulated that before taking any evidence upon the question of damages the court should first try the issues raised concerning the arbitration award. While plaintiffs contend that in effect it was stipulated that there were to be two judgments, one on the legal questions arising from the award and one on damages, we have examined the transcript and find no such stipulation. The only one made was of the type found frequently in lawsuits,—that before considering the question of