GILBERTSON v. CULINARY ALLIANCE


204 Or. 326 (1955)

282 P.2d 632

GILBERTSON ET AL. v. CULINARY ALLIANCE AND BARTENDERS' UNION ET AL.

Supreme Court of Oregon.

Reversed and remanded March 30, 1955.

Petition for rehearing denied May 11, 1955.


Attorney(s) appearing for the Case

William J. Masters argued the cause for appellants Julius and Carmen A. Gilbertson. On the briefs were Masters & Masters, Portland.

Harold W. Adams, Assistant Attorney General, Salem, argued the cause for appellant Fred G. Scherer. With him on the briefs was Robert Y. Thornton, Attorney General, Salem.

Donald S. Richardson argued the cause for respondents. On the briefs were Green, Richardson, Green & Griswold, Portland, for American Federation of Labor and its officers, Oregon State Federation of Labor and its officers, and Culinary Alliance and Bartenders Local No. 643, AFL, and its officers; Woll, Glenn & Thatcher, Washington, D.C., for American Federation of Labor and its officers; Arthur J. Goldberg, Washington, D.C., and William A. Babcock, Portland, for Oregon State Industrial Union Council, Congress of Industrial Organizations.


REVERSED AND REMANDED.

LUSK, J.

We have before us in this case questions of the interpretation, application and constitutionality of an act passed by the 1953 legislative assembly governing certain aspects of labor-management relations (Oregon Laws 1953, ch 723, ORS 662.610-662.790).

The act provides for the appointment of a labor examiner with authority to issue a complaint on a charge that a person is engaged in conduct made unlawful by the Act,...

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