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Articles 1 - 24 of 24

Full-Text Articles in Law

Mckesson V. Lowery, Jesse W. Carter Mar 1959

Mckesson V. Lowery, Jesse W. Carter

Jesse Carter Opinions

A district attorney was granted a writ of mandate ordering a county auditor to pay him an increased salary where the increase became effective after his appointment to office, but before his subsequent election to the office for the unexpired term.


. Mccarroll V. Los Angeles County Dist. Council Of Carpenters [Dissent], Jesse W. Carter Sep 1957

. Mccarroll V. Los Angeles County Dist. Council Of Carpenters [Dissent], Jesse W. Carter

Jesse Carter Opinions

State court had jurisdiction over contractors' action against labor unions for breach of a collective bargaining agreement where a strike that was allegedly called by the labor unions was not called to terminate the agreement.


Hardy V. Vial [Dissent], Jesse W. Carter May 1957

Hardy V. Vial [Dissent], Jesse W. Carter

Jesse Carter Opinions

An action for malicious prosecution could be founded upon the institution of a proceeding before an administrative agency.


O'Malley V. Petroleum Maintenance Co., Jesse W. Carter Apr 1957

O'Malley V. Petroleum Maintenance Co., Jesse W. Carter

Jesse Carter Opinions

A company could not seek judicial review of an arbitrator's decision that the discharge of an employee was arbitrable because the company entered into an arbitration submission agreement in which it agreed to arbitrate that question.


Local 659, I.A.T.S.E. V. Color Corp. Of America, Jesse W. Carter Oct 1956

Local 659, I.A.T.S.E. V. Color Corp. Of America, Jesse W. Carter

Jesse Carter Opinions

Union lost its right to arbitration due to its initial refusal to arbitrate; employer was entitled to rely on and accept repudiation of an arbitration provision in a collective bargaining agreement, and thus, there was a mutual rescission.


Bradshaw V. California Employment Stabilization Com. [Dissent], Jesse W. Carter Jun 1956

Bradshaw V. California Employment Stabilization Com. [Dissent], Jesse W. Carter

Jesse Carter Opinions

Claimant was properly denied unemployment compensation benefits for period equal to number of days' dismissal pay he received because there was policy against duplication of payments, and claimant failed to show there was no duplication of payments.


Holderby V. International Union Of Operating Engineers [Dissent], Jesse W. Carter Dec 1955

Holderby V. International Union Of Operating Engineers [Dissent], Jesse W. Carter

Jesse Carter Opinions

A union member seeking reinstatement following payment of delinquent dues was not entitled to relief in court, as he had not yet exhausted his administrative remedies by appealing within the union its denial of his reinstatement application.


Charles H. Benton, Inc. V. Painters Local Union [Dissent], Jesse W. Carter Dec 1955

Charles H. Benton, Inc. V. Painters Local Union [Dissent], Jesse W. Carter

Jesse Carter Opinions

A trial court lacked jurisdiction to enjoin a painters' union and a truckers' union from picketing a corporation because where the corporation's paint business affected interstate commerce, the dispute was properly the jurisdiction of the NLRB.


Garmon V. San Diego Bldg. Trades Council [Dissent], Jesse W. Carter Dec 1955

Garmon V. San Diego Bldg. Trades Council [Dissent], Jesse W. Carter

Jesse Carter Opinions

Appellants were properly held liable for damages sustained by the company when appellants' conduct in picketing and using language to install fear of injury induced building contractors to discontinue their patronage of the company.


Gowanlock V. Turner [Dissent], Jesse W. Carter Feb 1954

Gowanlock V. Turner [Dissent], Jesse W. Carter

Jesse Carter Opinions

City employees were not entitled to be paid for eight hours of work every working day when the city charter specifically declared that no employee would be paid for time greater than his actual service and no amendment changed that basic provision.


Safeway Stores V. Retail Clerks Int'l Ass'n [Dissent], Jesse W. Carter Oct 1953

Safeway Stores V. Retail Clerks Int'l Ass'n [Dissent], Jesse W. Carter

Jesse Carter Opinions

Under state law, the clerks' unions did not have the right to engage in concerted activities against a store for the purpose of requiring store managers to be included in the labor contract of the clerks.


Martin V. Henderson [Dissent], Jesse W. Carter Apr 1953

Martin V. Henderson [Dissent], Jesse W. Carter

Jesse Carter Opinions

Officers were not entitled to compensation for overtime worked prior to the enactment of the California State Civil Service Act provision for overtime compensation, but were entitled to compensation for overtime after the statute's effective date.


. Jarvis V. Henderson [Dissent], Jesse W. Carter Apr 1953

. Jarvis V. Henderson [Dissent], Jesse W. Carter

Jesse Carter Opinions

Statutes authorizing the payment to civil service employees upon separation of accumulated overtime and payment for holiday work would not be applied retroactively; absent statutory authority, a highway patrol officer had no right to such payments.


Voeltz V. Bakery & Confectionery Workers International Union [Dissent], Jesse W. Carter Mar 1953

Voeltz V. Bakery & Confectionery Workers International Union [Dissent], Jesse W. Carter

Jesse Carter Opinions

Enjoining unions from interfering with an employer's business was proper when the employer's workers organized their own association and asked the unions to stop their activity.


Rubin V. American Sportsmen Television Equity Soc. [Dissent], Jesse W. Carter Mar 1953

Rubin V. American Sportsmen Television Equity Soc. [Dissent], Jesse W. Carter

Jesse Carter Opinions

Promoters were entitled to preliminary injunctions to prevent a corporation and individual wrestlers from picketing where the corporation was not a bona fide labor organization, and the individual wrestlers' labor activities were not protected.


Sommer V. Metal Trades Council [Dissent], Jesse W. Carter Mar 1953

Sommer V. Metal Trades Council [Dissent], Jesse W. Carter

Jesse Carter Opinions

Because federal law did not protect a union's picketing and a secondary boycott that it originated, a California trial court had the power under the Jurisdictional Strike Act of California to preliminarily enjoin the union's activities.


Isthmian S.S. Co. V. National Marine Engineers Beneficial Asso. [Dissent], Jesse W. Carter Mar 1953

Isthmian S.S. Co. V. National Marine Engineers Beneficial Asso. [Dissent], Jesse W. Carter

Jesse Carter Opinions

A preliminary injunction enjoining picketing was proper where the case was not necessarily close on its facts when the evidence most favorable to the party granted the injunction was reviewed, and the trial court did not abuse its discretion.


Isthmian S.S. Co. V. National Marine Engineers Beneficial Asso. [Dissent], Jesse W. Carter Mar 1953

Isthmian S.S. Co. V. National Marine Engineers Beneficial Asso. [Dissent], Jesse W. Carter

Jesse Carter Opinions

A preliminary injunction enjoining picketing was proper where the case was not necessarily close on its facts when the evidence most favorable to the party granted the injunction was reviewed, and the trial court did not abuse its discretion.


In Re Kelleher [Dissent], Jesse W. Carter Mar 1953

In Re Kelleher [Dissent], Jesse W. Carter

Jesse Carter Opinions

It was unlawful for two labor unions that were involved in a controversy as to which one should represent the employees to picket outside of the employer, so the picketers were lawfully arrested and their writs of habeas corpus were denied.


Seven Up Bottling Co. V. Grocery Drivers Union, Jesse W. Carter Mar 1953

Seven Up Bottling Co. V. Grocery Drivers Union, Jesse W. Carter

Jesse Carter Opinions

California's Jurisdictional Strike Act, which banned interference with an employer and picketing when there was a dispute between two unions as to who should have bargaining rights, did not violate unions' free speech rights.


Thomas V. California Employment Stabilization Com. [Dissent], Jesse W. Carter Aug 1952

Thomas V. California Employment Stabilization Com. [Dissent], Jesse W. Carter

Jesse Carter Opinions

Former employees who were terminated after refusing to cross a picket line despite several requests were statutorily unqualified for unemployment benefits because their lack of employment was due to a labor dispute.


Hostetter V. Alderson [Dissent], Jesse W. Carter Mar 1952

Hostetter V. Alderson [Dissent], Jesse W. Carter

Jesse Carter Opinions

Judgment in favor of a city on a fireman's action for declaratory relief was proper where the record showed that the fireman was discharged due to an inability to perform his duties as a result of his poor health.


State V. Brotherhood Of Railroad Trainmen [Dissent], Jesse W. Carter Jun 1951

State V. Brotherhood Of Railroad Trainmen [Dissent], Jesse W. Carter

Jesse Carter Opinions

State, as owner of a railroad, was not subject to collective bargaining provisions of federal Railway Labor Act and contract reached as a result of collective bargaining between state board and labor union was invalid.


Holbrook V. Board Of Education, Jesse W. Carter May 1951

Holbrook V. Board Of Education, Jesse W. Carter

Jesse Carter Opinions

A school board's failure to classify its business manager as a full-time permanent employee, in his fourth consecutive year of employment in a position requiring certification, did not prevent him from attaining that status, for tenure purposes.