Help


from Brown Corpus
« »  
Into court
The matter got into the courts this way: One of the early strikes called by the AWOC was at the DiGiorgio pear orchards in Yuba County.
We found that a labor dispute existed, and that the workers had left their jobs, which were then vacant because of the dispute.
Accordingly, under clause ( 1 ) of the Secretary's Regulation, we suspended referrals to the employer.
( Incidentally, no Mexican nationals were involved.
) The employer, seeking to continue his harvest, challenged our right to cease referrals to him, and sought relief in the Superior Court of Yuba County.
The court issued a temporary restraining order, directing us to resume referrals.
We, of course, obeyed the court order.
However, the Attorney General of California, at the request of the Secretary of Labor, sought to have the jurisdiction over the issue removed to the Federal District Court, on grounds that it was predominantly a Federal issue since the validity of the Secretary's Regulation was being challenged.
However, the Federal Court held that since the State had accepted the provisions of the Wagner-Peyser Act into its own Code, and presumably therefore also the regulations, it was now a State matter.
It accordingly refused to assume jurisdiction, whereupon the California Superior Court made the restraining order permanent.
Under that order, we have continued referring workers to the ranch.
A similar case arose at the Bowers ranch in Butte County, and the Superior Court of that county issued similar restraining orders.

1.802 seconds.