In Re the Marriage of Wilson

Opinion

KING, J.

In this case we hold that a labor union which operated a hiring hall referring its members for employment could be joined as a party to the marital dissolution action of one of its members for the purpose of ordering

[722]

the union to notify the other spouse of such referrals in order to enforce the member’s obligation under a child support order. Joinder and the issuance of the order were authorized under the Family Law Act and did not violate the rights of labor union members under our federal or state Constitutions or under federal labor law.

Carpenters Local Union No. 2046 appeals from an order requiring the union to give oral notification to the District Attorney of Contra Costa County, Family Support Division, whenever the union has sent Rodney D. Wilson to fill an employment request. We affirm.

Rodney’s marriage to Patricia Ann Wilson was dissolved in 1983 and Rodney was ordered to make monthly child support payments of $250 or a yearly payment of $3,000. Rodney ceased voluntary payments after January 1985. By June 30, 1987, his child support arrearages were $6,906. The local district attorney attempted to achieve a wage assignment but was unable to do so because Rodney regularly changed jobs before the district attorney was able to locate his employer and his union did not respond to requests for notification whenever it referred Rodney for employment.

The district attorney sought joinder of the union and requested a court order requiring the union to notify the district attorney whenever it referred Rodney for employment. The court granted the motion for joinder and then rendered an order requiring the union to give oral notification to the district attorney “within 24 hours after said Union has sent Rodney D. Wilson to fill an employment request” and to provide the name, address and telephone number of the employer.

The union contends the notification order infringes its members’ constitutional rights to free association and organizational rights under federal labor law, and the joinder order was procedurally unsupported, because the district attorney failed to show there was no less restrictive alternative to oral notification. (See