Hidden Harbor, Inc. v. American Federaion of Musicians Local 325

MUSSELL, J.

Walt James Slocomb, a musician and member of appellant American Federation of Musicians, San Diego Local No. 325, entered into a contract of employment with plaintiff Hidden Harbor, Inc., dba Secret Harbor. Under this contract Slocomb was employed by plaintiff for 52 weeks, beginning on or before December 28, 1953, at a salary of $150 per week. He began his employment on the date agreed upon and continued to work until the contract expired on December 28, 1954. On or about March 25, 1954, Hidden Harbor’s culinary and bartender employees went on strike and began picketing the Hidden Harbor for the purpose of obtaining a labor contract.

It is alleged in the complaint that at the time said picket line was instituted Slocomb and Secret Harbor were informed by the musicians’ union that the rules of the musicians’ union did not prohibit Slocomb from continuing to perform the obligations of his contract with Secret Harbor and that Slocomb continued to perform said obligations at all times since March 25, 1954, behind the Joint Board picket line; that on or about May 11, 1954, E. B. Wheeler, as representative of the musicians’ union, sent a letter to Hidden Harbor stating, among other things, that “No federation musicians will be permitted to accept engagement at the Secret Harbor after May 25, 1954”; that Slocomb, who was a member of the musicians ’ union, did not request nor authorize the musicians’ union to terminate his contract; that he had no dispute with Secret Harbor and that there was no dispute between Secret Harbor and the musicians’ union; that Slocomb feared that disciplinary action would be taken against him by the musicians’ union if he failed to obey the orders of that union. This action was filed by Hidden Harbor on May 24, 1954, to restrain the defendants from interfering with the contractual relationship between Secret Harbor and Slocomb. On June 7, 1954, Hidden Harbor filed an action in the superior court of San Diego County (No. 189517) against the Local Joint Executive Board of San Diego et al.,

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seeking an injunction enjoining the defendants from picketing Secret Harbor and obstructing or interfering in any way with the conduct or operation of its business. A preliminary injunction was issued therein on June 18, 1954, enjoining the picketing and this injunction remained in effect until March 23, 1955. On May 24, 1954, an order to show cause and temporary restraining order was issued by the court in the instant action (No. 189241) and after a hearing thereon the court issued a preliminary injunction enjoining the defendants American Federation of Musicians, Local No. 325, and Edward Wheeler, from (1) Demanding that Walt James Slocomb terminate his services at the Hidden Harbor, Inc., during the life of the contract between Hidden Harbor, Inc. and Slocomb; (2) Requesting either directly or indirectly by any means whatsoever that Walt James Slocomb cease performing at Hidden Harbor, Inc.; and (3) Refusing to permit Walt James Slocomb to continue performance during the life of his contract with Hidden Harbor, Inc. and that said defendants cease and desist from doing any act which interferes with the contractual relationship between Hidden Harbor, Inc. and Slocomb.