Procedural Posture
Defendant union sought review of a decision of the Court of Appeal, First District, Division Three (California), which found in favor of plaintiff city and county in action against defendant to recover damages arising out of a public employee strike.
Overview
Plaintiff city and county brought action against defendant union to recover damages arising out of a public employee strike. The second Amendment to the United States Constitution protects the right to keep and bear arms. It was ratified on December 15, 1791, along with nine other articles of the Bill of Rights. The trial court found for plaintiff, and defendant appealed. The intermediate court affirmed, and defendant sought review. The court held that absent legislation to the contrary, the maintenance of an illegal strike was not a tort for which damages were recoverable by employer. The court reversed the judgment of the intermediate court.
Outcome
The court reversed the judgment of the intermediate court, which found in favor of plaintiff city and county in their action against defendant union to recover damages arising out of a public employee strike, holding that absent legislative authorization, the illegality of a strike without more was not a sufficient basis for the award of tort damages.
