Atkinson v. Thrift Super Markets, Inc.

— This is an appeal by the plaintiff from an order of dismissal upon the sustaining of a demurrer to his *594complaint on the ground that it did not state facts sufficient to constitute a cause of action.

During the period from July, 1952, to June, 1955, the appellant, a member of the Retail Clerks International Union, Local No. 381, worked as a grocery clerk in respondent’s store. The wages for the type of work performed by appellant were governed by a collective bargaining agreement between the union and the respondent. In his complaint, the appellant alleged that the respondent had paid him a…