Stephenson v. City of Palm Springs

SCHAUER, J.

Defendants, the city of Palm Springs and its chief of police, appeal from a judgment which permanently enjoins them from enforcing a “right-to-work” ordinance enacted by the Palm Springs city council on November 14, 1956.

1

We have concluded that under the law as settled in

[409]

Chaves

v.

Sargent

(1959),

ante,

p. 162 [339 P.2d 801], the state law of California has occupied the field to the exclusion of local ordinances and, hence, that the judgment should be affirmed.

The pending matter was determined in the trial court solely upon the pleadings. Walter L. Stephenson, a member of Local Union 440, International Brotherhood of Electrical Workers, brought the action individually and in a representative capacity on behalf of the union and its members. The complaint alleges that on December 29, 1956, plaintiffs and H & S Electronic Service Corp., an employer, entered into a written collective bargaining agreement which provides, among other things, that the employer “shall employ only members in good standing in the Union” except in cases where the Labor Management Relations Act of 1947 (the TaftIlartley Act, 29 U.S.C.A. § 141 et seq.) applies. If it applies, the employes are required to become union members within 31 days after the beginning of employment and to maintain membership as a condition of employment.

Plaintiffs further allege that the employer maintains “its sole place of business in the City of Palm Springs, hires employees in the City of Palm Springs and conducts its business in said City.” There are no allegations suggesting that interstate commerce is involved or that the employer’s business affects it.

After alleging that defendants threaten plaintiffs with criminal prosecutions for having entered into the described

[410]