Simons Brick Co. v. United Brick, Tile & Clay Workers
Simons Brick Co. v. United Brick, Tile & Clay Workers
Opinion of the Court
The trial court ordered the issuance of a preliminary injunction against certain labor activities of defendants in this case in which plaintiff is the employer and defendants are labor unions and members and representatives thereof. An appeal is taken from that order by some of the defendants.
The order is based upon a violation of the Hot Cargo law. (Lab. Code, §§ 1131-1136.) As stated by the trial court in its opinion: “In each of these cases the complaint charges some form of violation of the Hot Cargo and Secondary Boycott Act (Stats. 1941, ch. 623, p. 2079), now constituting sections 1131-1136 of the Labor Code. Appearing defendants, by demurrer and resistance of motion for preliminary injunction, challenge the constitutionality of the statute. Counsel stoutly assert the activities described in the Act and denominated ‘hot cargo’ and ‘secondary boycott’ to be
The order is reversed.
Gibson, C. J., Edmonds, J., Traynor, J., Schauer, J., and Spence, J., concurred.
Reference
- Full Case Name
- SIMONS BRICK COMPANY, INCORPORATED (a Corporation) v. UNITED BRICK, TILE AND CLAY WORKERS OF AMERICA (an Unincorporated Voluntary Association), Defendants LOS ANGELES BUILDING AND CONSTRUCTION TRADES COUNCIL (an Unincorporated Association)
- Status
- Published