Borden v. United Ass'n of Journeymen and Apprentices

Decision Date25 July 1958
Docket NumberNo. 15319,15319
Citation316 S.W.2d 458
PartiesH. N. BORDEN, Appellant, v. UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES et al., Appellees.
CourtTexas Court of Appeals

Lyne, Blanchette, Smith & Shelton, Robert W. Smith, Dallas, for appellant.

Mullinax, Wells & Morris, Dallas, for appellees.

DIXON, Chief Justice.

Our opinion heretofore delivered in this case is withdrawn and the following opinion is substituted.

This is a damage suit brought in the 101st District Court of The State of Texas against two unincorporated labor unions by H. N. Borden, appellant, who alleges that he is a member of both organizations. The two organizations are United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, and Local Union 100 of said Association.

The trial court dismissed the suit on the grounds that (1) appellant 'is a member of defendant labor organizations and thus has no standing to sue said organizations for money damages; and (2) 'jurisdiction of a suit by an employee to recover for union interference with employment, or discrimination in employment opportunity, is within the exclusive jurisdiction of the National Labor Relations Board under the Federal Labor Management Relations Act, and accordingly this court is without jurisdiction.'

In his petition appellant makes the following allegations: on September 15, 1953 he was promised a job in the construction of the Republic National Bank Building in Dallas, Texas, by Farwell Construction Company through the Company's superintendent and also one of the Company's foremen; appellant thereupon obtained a clearance from his local union in Galveston, Texas, where he then lived, came to Dallas, presented himself to Local Union 100 at Dallas for the purpose of being accepted in order that he might go to work on the job promised by Farwell Construction Company; Local Union No. 100 at first refused to accept appellant's clearance card, but finally on October 9, 1953 did accept said clearance card; nevertheless said Local Union No. 100, in violation of Art. 5207a, Vernon's Ann.Civ.St., did then and has since continued willfully, maliciously, discriminatorily and without cause to refuse to allow appellant to go to work on the job offered him in the construction of the Republic Bank Building; appellant thereafter sought redress by submitting his claims to appellee unions at a meeting held October 18, 1954, but no remedy was offered to him by either union--in fact only a threat made against him that if he should continue his complaint he would be expelled from the unions; appellant then sought and obtained employment elsewhere at a wage less than he would have been paid on the Republic National Bank job; and that the difference in wages during the period of time involved was $4,039.50. Appellant asked judgment for $4,039.50 damages for lost earnings, $5,000 as damages for mental anguish and suffering, and $1,000 as exemplary damages.

The only questions before us on this appeal are: (1) whether appellant had a right to sue appellee unions of which he was a member; and (2) whether such suit might be brought in a State court of the State of Texas.

The two labor unions, though unincorporated, are legal entities subject to being sued. International Association of Machinists v. Gonzales, 356 U.S. 617, 78 S.Ct. 923, 2 L.Ed.2d 1018; United Mine Workers of America v. Coronado Coal Company, 259 U.S. 344, 42 S.Ct. 570, 66 L.Ed. 975. In International Longshoremen and Warehousemen's Union, Decisions and Orders of N.L.R.B. Vol. 79, p. 1508, Note 40. (1948), it is said:

'The common law concept of an unincorporated labor organization as a group of individuals having no separate entity apart from its members has been discarded to the extent that it was not already outmoded in modern jurisprudence--by the Labor Management Relations Act, 1947. It is clear that the Act treats labor organizations for all practical purposes as juridical entities.'

The action may be a suit for damages. International Association of Machinists v. Gonzales, 356 U.S. 617, 78 S.Ct. 923, 2 L.E.2d 1018; Selles v. Local 174 of International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, 50 Wash.2d 660, 314 P.2d 456.

In this case appellant is asserting a property right--the right to seek employment, work, and earn a living. International Printing Pressmen and Assistants' Union of North America v. Smith, 145 Tex. 399, 198 S.W.2d 729; Gurtov v. Williams, Tex.Civ.App., 105 S.W.2d 328. Under the circumstances he has a right to sue the labor unions though he is a member of the unions. Choate v. Grand International Brotherhood of Locomotive Engineers, Tex., 314 S.W.2d 795; Lundine v. McKinney, Tex.Civ.App., 183 S.W.2d 265; McCantz v. Brotherhood of Painters, Decorators & Paperhangers, Tex.Civ.App., 13 S.W.2d 902; Dusing v. Nuzzo, 177 Misc. 35, 29 N.Y.S.2d 882; Nissen v....

To continue reading

Request your trial
6 cases
  • Diluzio v. United Elec., Radio and Mach. Workers of America, Local 274
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • May 20, 1982
    ...Hilton, 123 Maine 225, 122 A. 673 (1923); Brawner v. Sanders, 244 Or. 302, 304, 417 P.2d 1009 (1966); Borden v. United Ass'n of Journeymen & Apprentices, 316 S.W.2d 458 (Tex.Civ.App.1958), Id. 355 S.W.2d 729 (Tex.Civ.App.1962), rev'd, 373 U.S. 690, 83 S.Ct. 1423, 10 L.Ed.2d 638 (1963); Arno......
  • Banfield v. Laidlaw Waste Systems
    • United States
    • Court of Appeals of Texas
    • August 24, 1998
    ...Ladies' Garment Workers' Union, 269 S.W.2d 409 (Tex.Civ.App.--Dallas 1954, no writ); Borden v. United Ass'n of Journeymen & Apprentices, 316 S.W.2d 458 (Tex.Civ.App.--Dallas 1958), aff'd, 160 Tex. 203, 328 S.W.2d 739 (1959); Carpenters & Joiners Local Union v. Hampton, 457 S.W.2d 299 (Tex.C......
  • Local 100 of United Association of Journeymen and Apprentices v. Borden, 541
    • United States
    • United States Supreme Court
    • June 3, 1963
    ...Civil Appeals, relying on this Court's decision in International Assn. of Machinists v. Gonzales, supra, reversed and remanded for trial. 316 S.W.2d 458. The Texas Supreme Court granted a writ of error on another point in the case and affirmed the remand. 160 Tex. 203, 328 S.W.2d At trial, ......
  • United Ass'n of Journeymen & Apprentices of Plumbing & Pipe Fitting Industry of U.S. & Canada v. Borden
    • United States
    • Supreme Court of Texas
    • November 4, 1959
    ...of these contentions is sound, the Court of Civil Appeals reversed the judgment of the trial court and remanded the cause for trial. 316 S.W.2d 458. The holding of the Court of Civil Appeals that respondent's complaint does not lie within the exclusive jurisdiction of the National Labor Rel......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT