Wallace v. Carpenters Local Union No. 1040

PEEK, J.

This is an appeal from an order granting a temporary injunction which enjoined the defendants, Carpenters Local Union No. 1040 and North Coast Counties District Council of Carpenters of the United Brotherhood of Carpenters and Joiners of America, hereinafter referred to as “Carpenters,” from threatening or engaging in work stoppages and from advertising or publishing that plaintiff does not employ members of unions affiliated with the A. F. of L., and ordering that any jurisdictional disputes between the Carpenters and Roofers, Damp and Waterproof Workers Local Union No. 240 of the United Slate, Tile and Composition Roofers Damp and Waterproof Workers Association, hereinafter referred to as “Roofers,” be submitted for settlement by the party claiming to be aggrieved under the provisions of a certain agreement entitled “Plan for National Joint Board for Settlement of Jurisdictional Disputes” of the Building and Construction Trades Department of the A. F. of L., the Associated General Contractors of America and participating employer associations.

The record shows that Wallace, doing business under the name of Wallace Roofing Company, had agreed to be bound by said plan. He had contracted both with the Carpenters and the Roofers, the former contract antedating the latter. Both unions are craft unions affiliated with the A. F. of L., and as such are bound by the plan for settlement of jurisdictional disputes. Wallace entered into a subcontract to perform roofing work at a school in Areata. The Carpenters demanded that he use them rather than Roofers upon such

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work, and upon his refusal the Carpenters pulled the men employed by the general contractor from the work. Similar instances occurred thereafter. Plaintiff’s attorney subsequently wired the chairman of the joint board, informing him of the situation and shortly thereafter received a copy of a telegram purported to have been sent by the chairman to the general vice president of the Carpenters, wherein the vice president was directed to remove that union’s picket line, to return their men to work and to process any work complaints in accordance with joint board procedures. The Carpenters continued their refusal to work for any general contractor who had contracted with Wallace for roofing and this proceeding followed. Because the Roofers Union refused to join as plaintiff, it was named as a defendant. Thereafter the business agent of the Carpenters filed a like proceeding wherein he, as representative of the Carpenters, sought to specifically enforce the collective bargaining agreement between the Carpenters and plaintiff. Thereafter a complaint in intervention was filed on behalf of the Roofers, seeking similar relief for that union. The actions were consolidated for the purpose of determining whether or not an injunction should issue. Following their appeal to this court, the Carpenters moved this court for an order directing the trial court to dismiss the action and dissolve the injunction. No motion to dismiss the appeal was made, and it was announced at the time of oral argument that no dismissal was desired. We concluded that the function of this court was either to decide the appeal or to dismiss it, but not to dismiss the action or dissolve the injunction.