ALPHA BETA FOOD MARKETS v. RETAIL CLERKS

Docket No. L.A. 23472.

45 Cal.2d 764 (1955)

291 P.2d 433

ALPHA BETA FOOD MARKETS, INC. (a Corporation) et al., Plaintiffs and Appellants, v. RETAIL CLERKS UNION LOCAL 770 (an Unincorporated Voluntary Association) et al., Respondents; FOOD EMPLOYERS COUNCIL, INC. (a Nonprofit Corporation), Cross-Defendant and Appellant.

Supreme Court of California. In Bank.

December 16, 1955.


Attorney(s) appearing for the Case

Musick, Peeler & Garrett, Harold F. Collins, McLaughlin & Casey, James A. McLaughlin, Gibson, Dunn & Crutcher, William French Smith and J. Stuart Neary for Appellants.

Gibson, Dunn & Crutcher and William French Smith as Amici Curiae on behalf of Appellants.

Bodle & Landye, George E. Bodle, Daniel Fogel, Leo Geffner, Arnold, Fortas & Porter, Thurman Arnold, Loeb & Loeb and Herman F. Selvin for Respondents.

Charles P. Scully and Nutter & Smith as Amici Curiae on behalf of Respondents.


SPENCE, J.

This is an appeal from a declaratory judgment holding valid an arbitration award made during the period of wage controls imposed during the Korean conflict. Upon a review of the record, we have concluded that the undisputed facts sustain the judgment of the trial court.

After a long history of collective bargaining, the parties on January 1, 1950, executed a "Retail Food Agreement" — hereinafter called the "original agreement" — fixing...

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