Opinion

C. S. Smith Metropolitan Market Co. v. Lyons

  • 16 Cal. 2d 389
  • 106 P.2d 414
  • 7 L.R.R.M. (BNA) 704
  • 1940 Cal. LEXIS 317
Court
California Supreme Court
Filed
Oct 14, 1940
Status
Published
Author
Curtis
On the bench
Curtis, Edmonds
Cited by
43 cases
Authority
More cited than 6.6%

“The inequality of bargaining power between employer and employee has long been fully recognized by legislation curtailing the employer’s freedom to bargain with his employees as he chooses.”

How later courts described this case

  • “The inequality of bargaining power between employer and employee has long been fully recognized by legislation curtailing the employer’s freedom to bargain with his employees as he chooses.”

Written by the judges who cited it.

The opinion

CURTIS, J., SHENK, J., and MARKS, J., pro tem., Dissenting.

We dissent for the reasons stated in the dissenting opinions in the case of McKay v. Retail Automobile Salesmen’s Local Union, No. 1067, S. F. No. 16016 (ante, pp. 335, 336 [ 106 Pac. (2d) 373 ]).

Rehearing denied. Shenk, J., Curtis, J., and Houser, J., voted for a rehearing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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