Labor Law – LMRA – Substantive Application by a State Court of Section 8(b)

The defendant unions peacefully picketed the Valley Lumber Company to force the adoption of a closed shop agreement. The employees had indicated that they did not desire union affiliation or representation and the employer had not recognized any union. The NLRB Regional Director refused to assert jurisdiction over the company for certification purposes because the employer’s interstate business was below the Board’s jurisdictional yardsticks. The trial court asserted jurisdiction to award damages and an injunction against the picketing. On appeal, held, affirmed, three justices dissenting. Not only was the trial court’s jurisdiction proper but it could apply section 8 (b) (2) of the amended National Labor Relations Act to proscribe picketing not otherwise unlawful under California law. Garmon v. San Diego Building Trades Council, (Cal. 1955) 291 P. (2d) 1.