Black v. Cutter Laboratories

TRAYNOR, J., Dissenting.

All the members of the court agree that we are bound by the determination of the arbitrators* that for two and one-half years Doris Walker’s com*810munist affiliations were a matter of indifference to Cutter, that Cutter therefore waived her communist affiliations as a ground for discharging her, that it discharged her solely because of her lawful union activity, and that in doing so it violated its collective bargaining agreement with the Union. (Code Civ. Proc., §§ 1280-1293; Pacific Vegetable Oil Corp. v. C.S.T., Ltd., 29 Cal.2d 228, 233 [174 P.2d 441] ; Sapp v.…