United Farm Workers Organizing Committee v. Superior Court

[213]

CONLEY, P. J.

United Farm Workers Organizing Committee, AFL-CIO, an unincorporated labor organization, on strike, and Epifanio Camacho, one of the strikers, petitioned this court for a writ of prohibition to prevent the Superior Court of the State of California in and for the County of Kern from proceeding to hear a petition for civil contempt in the absence of a jury. The strike in which the petitioners are involved has been pending for a number of months and involves vineyard workers formerly employed by Giumarra Bros. Fruit Co., Giumarra Farms, Inc., and Giumarra Vineyards Corporation. The superior court heretofore issued a comprehensive order setting forth the limits of permitted activity on the part of the strikers, and, thereafter, at the instance of the Giumarra Bros, organizations, citations were issued ordering the strikers to show cause why they should not be held guilty of contempt by disobeying the injunction; the citations specify the instances of contempt, including some 11 charges against Epifanio Camacho and the petitioner organization above mentioned.

It is an unquestioned fact that the penalties which may be inflicted if the petitioners should be found to be guilty of contempt are as follows: if Epifanio Camacho should be found guilty of each and all of the 11 charges of contempt still pending, he could be sentenced to jail for five days on each of the charges, or a total of 55 days in jail, and could be ordered additionally to pay the sum of $5,500, and the organization could also be fined a total of $5,500.

Before considering any other question, we must first determine whether or not the rules mentioned in the opinions of the United States Supreme Court are applicable to the situation. The general authorities which are relied upon by the petitioners are three cases decided by the Supreme Court of the United States on May 20, 1968:

Duncan

v.

Louisiana,

391 U.S. 145 [20 L.Ed.2d 491, 88 S.Ct. 1444];

Bloom

v.

Illinois,