Legal Opinion · Dissent

Los Angeles Metropolitan Transit Authority v. Brotherhood of Railroad Trainmen

California Supreme Court

Decided October 3, 1960No. L. A. 25676Published

1Dissent

SCHAUER, J., Dissenting.

In my view Judge Charles R. Thompson, the learned trial judge who decided this case below, was correct in his determination that the employes of plaintiff, as public employes, are without the legal right to strike against plaintiff, and in enjoining them from so doing.

My principal objections to the opinion of the Chief Justice are three:

1. This is the only ease in the judicial history of this state or the United States, so far as our research discloses, in which *695a court of last resort holds that a statute which does not unequivocally and by clear language grant to…

2Cases cited26 opinions

  1. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  2. National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
  3. International Union, U. A. W. A., A. F. of L., Local 232 v. Wisconsin Employment Relations BoardSupreme Court of the United States · 1949
  4. Amalgamated Utility Workers v. Consolidated Edison Co.Supreme Court of the United States · 1940
  5. Dollar Savings Bank v. United StatesSupreme Court of the United States · 1874

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