Pacific Indemnity Co. v. Industrial Accident Commission

McCOMB, J. This is a writ of review to review an award of the Industrial Accident Commission.

Viewing the evidence most favorable to respondents, the essential facts are:

On October 11, 1937, respondent Emma Kendall was in the employ of Union Manufacturing Company as a seaming machine operator, being paid on a piece-work basis for her services. Prior thereto and in conformity with the provisions of subsection (a) of section 159 of the National Labor Relations Act, U. S. C. A., title 29 (labor), respondent Kendall had signed an instrument designating certain of her fellow employees as a “union committee” empowered to represent her and other employees in negotiations with their employer, Union Manufacturing Company, hereinafter designated as “employer”.

This union committee posted notices that a meeting of the members of the union, which meeting all employees were required by the union to attend, would be held at 8 A. M., October 11, 1937, and the employees were informed that the power which operated their machines would not be turned on until the conclusion of the meeting.

The members of the union committee asked the employer if the meeting might be held on the premises of the employer, but the employer out of a scrupulous endeavor to comply with the spirit as well as the letter of the National Labor Relations Act refused this permission. Thereafter the union [501]committee, having failed to find an appropriate meeting place in the vicinity of the factory, again asked the employer if they might not hold the meeting on its premises and were informed that, if they would consult with the union’s attorney and he ruled that it was not in violation of the National Labor Relations Act, space might be granted for the meeting. Thereafter the union committee’s attorney prepared a form of agreement which was duly executed by the union committee and the employer permitting the holding of the meeting on the premises of the employer. The attorney for the union committee also prepared an amendment to this agreement, which was duly executed by the members of the union committee and the employer and which read as follows:

“AMENDMENT TO AGREEMENT

“This amendment to an agreement entered into between committee representing employees of the Union Manufacturing Company and the owners of the Union Manufacturing Company entered into on June 3, 193-7;