Gantner & Mattern Co. v. California Employment Commission

THE COURT. This case was ordered transferred to this court on our own motion, after decision by the District Court of Appeal, Third Appellate District, in order that it might be considered together with the case of Abelleira v. District Court of Appeal, S. F. 16357, then pending before us. Our decision in the Abelleira case, this day filed, reaches the same conclusion as did the District Court of Appeal in the instant case. Accordingly, we hereby adopt its opinion, with minor changes, as the opinion of this court. It reads as follows:

Petitioner herein is a corporation engaged as a manufacturer and wholesaler of knit goods. Among its many employees were janitors, who were members of the Building Service Employees ’ International Union, Local No. 87; some 150 others were engaged as employees in the manufacturing, packing and shipping of knit goods and were members of Knitgoods Workers’ Union, Local No. 191, International Ladies’ Garment Workers’ Union; still other employees, according to their particular craft or occupation, were members of Office Employees ’ Union, Local No. 21320, Machinists Lodge [316]No. 68, Warehousemen’s Union, Local No. 860, and Building Service Employees’ International Union, Local No. 87.

On October 10, 1939, petitioner discharged a janitor then in its employment, who was a member of the Building Service Employees’ International Union heretofore referred to. Thereafter the union demanded of petitioner that it reemploy and reinstate the janitor, which demand was, by petitioner, refused. On October 16, 1939, the Building Service Employees’ Union declared a strike against said petitioner, and established a picket line at the factory of the Gantner & Mat-tern Company, in which picket line the several unions, except the Knitgoods Workers, joined and participated.

Upon the declaration of the strike and the establishment of the picket line the members of the Knitgoods Workers’ Union left their work at the establishment of petitioner and refused and still refuse to return to their work at the plant of petitioner.

Thereafter these employees, members of the Knitgoods Union, made application to the respondent commission for the payment to them of unemployment benefits, and pursuant to an order of respondent commission, petitioner filed a list of its employees, members of the Knitgoods Union who were in its employment at the time the strike was declared, and who had left their work because of the strike and picket line. Subsequent to the filing of such list of employees, respondent commission, through its adjustment unit, ordered and directed the payment of unemployment benefits to the employees of petitioner, members of the Knitgoods Workers’ Union. Thereafter, and within the time fixed by the Unemployment Insurance Act (Stats. 1935, chap. 352 Deering’s Gen. Laws, Act 8780d) petitioner filed with respondent commission an appeal in writing from the decision of the adjustment unit of the respondent commission, setting forth that the jobs of said employees were then and there at all times open to said employees, and that these employees had left their work because of a strike and the maintenance of a picket line and were disqualified to receive benefits under the provisions of the act, and particularly section 56 thereof.