Breitman v. Brody

McCOMB, J.

Prom a judgment in favor of defendants after trial before the court without a jury in an action to recover certain wages alleged to be due for overtime, plaintiff appeals.

Facts:

The Meat Cutters Local 421, an unincorporated labor organization of which plaintiff was a member, entered into a collective bargaining agreement with defendants which contained, among others, this clause: “Any and all claims for adjustment of salaries and hours shall be made on or before thirty (30) days from the time of which such adjustment is claimed.”

Plaintiff was employed by defendants during the period from the week ending March 24, 1949, to November 18, 1950. On the latter date plaintiff was discharged because of shortages which had occurred in his cash drawer. On March 8, 1951, plaintiff instituted the present action to recover wages for alleged overtime and for vacation and sick leave occurring during 1950, for which he claimed he had not been paid.

It was stipulated that the trial court should determine preliminarily whether or not plaintiff had complied with the clause of the collective bargaining agreement set forth above.

The trial court found that no claim was ever asserted by plaintiff prior to November 20, 1950, which finding is supported by the evidence, and limited the proof as to any salary

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for overtime, sick leave or vacation, to the 30-day period immediately preceding November 20, 1950. Plaintiff then waived his claim for said period. He also waived any claim for sick leave and testified that he had been paid for his vacation, thus limiting his claim for overtime to the period from March 24, 1949, to October 20, 1950.

The trial court thereupon gave judgment in favor of defendants, holding that since a claim had not been presented to defendants by plaintiff within 30 days after the alleged overtime wages had accrued, he was barred from recovering for them.

Questions:

First:

Was the clause in the collective bargaining contract limiting the period within which plaintiff might make a claim for wages void as against public policy and in violation of the Labor Code?