Sabella v. Litchfield

DEVINE, P. J.

Plaintiffs, as trustees for the health and welfare fund of a culinary workers’ union, were awarded judgment on a directed verdict against appellant, the owner of a restaurant. The cause of action is upon appellant’s contractual liability under trust provisions relating to health and welfare benefits in a collective bargaining agreement.

Appellant contends that the agreement was signed by him under duress and undue influence, consisting of the threat of a representative of the union to picket the restaurant on the night on which a dinner was to be given in honor of the sheriff at appellant’s restaurant. The banquet was to be a

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sizeable event; preparations were far advanced and the guest list included persons of prominence in the county.

The sheriff learned of the likelihood of picketing and he arranged a meeting at which he, appellant and the attorney for the union discussed the matter. During the meeting, the sheriff announced to appellant that he would cancel the dinner if a single picket appeared. The sheriff told appellant, however, that he did not want appellant to sign on his behalf because of the commitment for the dinner. Following a meeting of several hours, appellant signed the contract, saying that he did so under duress. Appellant handed the contract to the sheriff, and it was agreed by him, at appellant’s request (to which the union’s representative had no objection) that the contract would not be delivered to the union until Monday. (The banquet was to be on Saturday.) The sheriff, in agreeing to this arrangement, made it on condition that no one would attempt to repudiate it. The meeting adjourned with drinks for all interested parties.

The union had threatened to use economic sanctions to obtain appellant’s signature to the agreement; but it is recognized that the use of economic pressure, including peaceful picketing, in collective bargaining does not constitute duress, provided illegal means are not used.

(McKay

v.

Retail Auto. Salesmen’s Local Union No. 1067,

16 Cal.2d 311, 319 [106 P.2d 373].) Because the union had a legal right to picket, its threat to exercise that right was not an act of duress or undue influence.