Appeal from a judgment refusing to reinstate 37 county employees who were fired by a newly-elected Republican County Commissioner on the ground that such employees were members of the Democratic Party. Affirmed, no costs on appeal awarded.
The employees involved had contributed to a fund for the purpose of litigating the Commissioner’s right to take office after his election. This, of itself, should suffice to affirm the trial court, on the basis of employment termination for cause, for obvious hostility to the Commissioner.
Nonetheless, the nub of this case is whether the employees could be discharged because they were Democrats, which problem we meet head on. Reinstatement allegedly was sought under the so-called “Right to Work Law,”
A volume could be penned about the traditions and history of our bipartisan system of government. Another could be written about management-labor relations from the early craft era to and beyond Samuel Gompers’ time, to date. Neither is necessary. The so-called “Right to Work Law” is an integral part of Title 34, Utah Code Annotated 1953, as amended. A casual perusal thereof quickly will reflect a definitive legislative design to crystallize, alleviate and settle differences in industrial pursuits, between management on the one hand, and artisans it employs to get things done industrially, on the other hand. The numerous sections and subsections of the Act obviously point up a legislative intent to deal with problems presented on an industrial stage, whose principal actors are not members of political parties, where membership by those who aspire thereto, may be at-’ tained without condition, obligation or any allegiance whatsoever, save as chosen to be given, and then only pro tempore.
If ever the doctrine of “ejusdem generis” or “noscitur a sociis”
We have before us a case where the employment of dicta dehors the specific problem involved well might lead us into a future forest obscurative of its trees. If the upcoming legislatures deign to make synonymic the phrases “labor union,” “labor organization” and “political party,” as some sort of transigent to the tugging of socioeconomic forces, this court, in a proper case will meet such event and its constitutional ramifications. Until then, we espouse the conclusion of the trial court that “While it may be said that a political party is an association, it is perhaps more accurate to say that it is a group which takes unified action to further a political end. It is a medium through which the individual citizen in a democracy such as ours undertakes to express his will in government.”
Sometimes people vote to oust an administration as well as to elect one. So doing, it would be absurd
In short, we believe, and hold, that the phrase “any other type of association” does not include political parties, but is adjective and akin to, and inclusively complementary to the phrases “labor union” and “labor organization,” as we are convinced was contemplated by the legislature under the so-called Right to Work Law. (Emphasis ours.)
Notes
. Title 34, Utah Code Annotated 1953, as amended (see 1961 Pocket Supplement). “34-16-4. Agreements against public policy. — Any express or implied agreement, understanding or practice between any employer and any labor un
. Memorial Gardens, etc. v. Love,
. In such cases, we have had this to say in Rowley v. Public Service Comm.,
