The Superior Court of the City and County of San Francisco (California) held that appellant former employer had discharged appellee former employee in violation of a collective bargaining agreement and confirmed an arbitration award for reinstatement and backpay. The former employer appealed.
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After a hearing, the trial court held that a former employer had discharged its former employee in violation of a collective bargaining agreement and confirmed an arbitration award for reinstatement and backpay. On appeal, the former employer contended that the arbitrators exceeded their powers, that the award was contrary to law, and that it would contravene public policy for the court to enforce reinstatement of the discharged former employee. The court held that the arbitration award was contrary to public policy and was, therefore, illegal and void. An arbitration award which directed that a member of the Communist Party who was dedicated to that party's program of sabotage, force, violence be reinstated to employment in a plant, which produced antibiotics used by both the military and civilians, was against public policy.
The court reversed the judgment confirming an arbitration award for reinstatement and backpay in favor of the former employee, and remanded.
