Agricultural Labor Relations Bd. v. Superior Court

In Agricultural Labor Relations Bd. v. Superior Court (1983) 149 Cal.App.3d 709, 712, the trial court issued an injunction ordering the employer to rehire striking workers who had unconditionally offered to return to work and to terminate all replacement workers. In denying the union's writ of mandate challenging the trial court's later ruling that the injunction had been automatically stayed as a result of an appeal having been taken by the employer, the court rejected the union's contention that the injunction was a prohibitory injunction in nature and therefore not subject to the rule that an appeal stays mandatory injunctions. (Id. at pp. 713.) The court held that, notwithstanding the prohibitory-sounding language in the order--in which the employer was restrained "from 'failing or refusing to immediately reinstate' " the striking workers, and was compelled "not 'to continue' in its employ all other replacement agricultural workers" (ibid.)--the injunction was mandatory, because it required the employer "to take affirmative action . . . ." (Ibid.)