Leahy v. Smith

THE COURT.

The sole question presented by this appeal by the plaintiff from the judgment of nonsuit is whether the plaintiff, a nonunion employee of defendant, is entitled to rights as a third party beneficiary under two collective bargaining agreements entered into between the union and the defendant employer. Plaintiff does not claim to be a union member and holds only a “work permit” card issued by the union.

The right of a union member to recover as a third party beneficiary under such an agreement has been recognized in California [Sublett v. Henry’s etc. Lunch (1942), 21 Cal.2d 273, 275…