O'Brien v. Matual
| Decision Date | 12 August 1957 |
| Docket Number | Gen. No. 11021 |
| Citation | 14 Ill.App.2d 173,144 N.E.2d 446 |
| Parties | , 33 Lab.Cas. P 70,930 John T. O'BRIEN, etc., et al., Plaintiff-Appellant, v. Barney MATUAL et al., Defendants-Appellees. |
| Court | United States Appellate Court of Illinois |
Zwanzig, Thompson & Lanuti, Ottawa, Perona & Perona, Spring Valley, for appellant.
McNeilly, Ryan & Olivero, Peru, Kevin D. Kelly, La Salle, for appellees.
The plaintiff, John T. O'Brien, as Fourth Vice-President of the International Brotherhood of Teamsters, etc., hereinafter referred to, and as Trustee of Local Union No. 46, etc., hereinafter referred to, on behalf of himself and all members of the Brotherhood, filed a complaint July 27, 1956, charging certain irregularities by the defendants, Barney Matual, et al., as officers of Local Union No. 46, in part upon information and belief, some interference with contractual rights under collective bargaining agreements, various derelictions in duties, insubordination, confusion of authority, etc.; alleging he had been appointed July 17, 1956 as Temporary Trustee of Local Union No. 46, Teamsters, Chauffeurs and Helpers of Peru, Illinois, by Dave Beck, General President of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America; the plaintiff had demanded possession of the books, affairs, and assets of the local union; the defendants refused to turn over the funds, books, affairs and assets thereof to the plaintiff; and in refusing to allow the plaintiff Temporary Trustee to take charge, the defendants were not following the International Constitution and By-Laws. The complaint alleged the International Brotherhood is a voluntary, unincorporated association, it has a Constitution and By-Laws, a copy being attached, governing it, its officers, affiliated unions, and members; Local Union No. 46 is a voluntary unincorporated association, affiliated with the International Brotherhood; the General President had set August 6, 1956, at 10:00 a. m., at the Local Union office as the time and place for a hearing to determine whether the temporary trusteeship should forthwith terminate or continue, a copy of the papers to that effect being attached; and the plaintiff on July 24, 1956 informed the officers of Local Union No. 46 of that action and hearing. The complaint prayed for a temporary injunction against the defendants, without notice, to enjoin them from destroying, dissipating, or converting the assets of Local Union No. 46, from exercising any of the duties of officers thereof, and from transacting any business thereof, and also that the Court decree that the plaintiff is entitled to take full charge of the affairs of the local union and direct the defendants to turn over all moneys, books, and assets thereof to the plaintiff and account to the plaintiff. It appears from the allegations of the defendants' affirmative defenses and counterclaim that a temporary injunction was issued the same date, July 27, 1956, pursuant to the prayer of the complaint, without notice, but was subsequently dissolved, apparently some time before September 1, 1956 and after August 6, 1956, on motion of the defendants. The plaintiff apparently took no appeal from that interlocutory order of dissolution of that temporary injunction and that matter is not before us.
After the dissolution of that temporary injunction, some of the defendants individually and as officers of Local Union No. 46 filed a verified answer, and certain affirmative defenses, in substance denying the plaintiff is entitled to the relief sought in the complaint, and also a counterclaim in three counts.
The answer, so far as it need be noted at this time, in substance, admits the allegations as to the status of the International Brotherhood, its Constitution and By-Laws, the nature of the plaintiff, the status of Local Union No. 46, the capacities (so far as material) of the defendants officers of the Local Union; denies the General President appointed the plaintiff as temporary trustee of the local union, denies he acted pursuant to the Constitution; admits the General President set Monday, August 6, 1956, at 10:00 a. m., at the local union office for a hearing to determine whether a temporary trustee shall forthwith terminate or continue, and admits notification July 24, 1956 that a trusteeship was being imposed; denies the plaintiff is the duly authorized trustee of the local union; admits their refusal to turn over the moneys, books and property of the local union to the plaintiff; admits the local union has certain properties which are in the defendants' custody or control; and denies the allegations of certain irregularities, etc., the necessity for any temporary injunction, that upon the plaintiff's appointment as temporary trustee the property of the local union became the property of the International Brotherhood, and that the plaintiff has no adequate remedy at law.
The affirmative defenses, so far as they need be noted at this time, are, in substance, that Article 6, Section 6(a) of the Constitution provides for a temporary trustee, his duties and powers, termination, and continuation thereof; Section 6(b), (c), (d) and (e) thereof provides for a permanent trustee etc.; the complaint confuses a temporary trustee and a permanent trustee; the General President attempted without authority to designate and empower the plaintiff as trustee, to exercise complete dominion over the plaintiff and the duration of his powers, to withhold some powers, and to arbitrarily take control of the affairs of the local union; no hearing was commenced August 6, 1956, at 10:00 a. m., at the local union office under Article 6, Section 6(a); on August 6, 1956 at 10:30 a. m., a hearing was held purportedly under Article 6, Section 6(a), but not at the time or place set by the General President; on August 1, 1956, the defendant Barney Matual received a telegram notifying him of a hearing at the Hotel Peru, 10:30 a. m., August 6, 1956, which was sent less than 10 days prior to such hearing, and which was signed by the General President and sent from Washington, although he was not then in Washington, when the telegram was received the defendant Matual, President of the Local Union, was bound by the temporary injunction of July 27, 1956 issued upon the plaintiff's complaint, and prevented from calling a meeting of the members and informing them thereof, from attending the hearing, and from defending against any charges; no notice has been received of the outcome of any hearing or whether the temporary trustee shall terminate or continue; the plaintiff does not come into equity with clean hands; the plaintiff has not been duly appointed trustee of the local union, and the alleged temporary trusteeship has expired for failure to comply with the Constitution.
Count I of the counterclaim is for a temporary injunction, by the defendants Barney Matual and some others as officers of Local Union No. 46, etc., affiliated with the International Brotherhood of Teamsters, etc., as representatives of the members of the local union, and on behalf of all members of the brotherhood, against the plaintiff John T. O'Brien as Fourth Vice-President, etc., on behalf of himself and all members of the Brotherhood, seeking to enjoin him from interfering with the authority or business of or transacting business on behalf of the local union, or holding himself out as a duly constituted representative of the members thereof, or interfering with the defendants in conducting the affairs of the local union, or interfering with the employment of the members thereof, until a final determination of the case and of the rights of the plaintiff and defendants. This count is based on certain alleged action by the plaintiff after the original complaint, and, particularly, after the dissolution of the prior temporary injunction issued pursuant to the complaint, and which allegedly tends to destroy the status quo before the rights of the parties can be determined. The other Counts are for damages and are not now material.
Notice of the defendants-counterclaimants' motion for temporary injunction as prayed in Count I of the counterclaim was given and a hearing was held October 17, 1956, after which a temporary injunction was issued that date. This is an appeal by the plaintiff from that interlocutory order for temporary injunction.
It appears from the stipulation of counsel for all the parties entered into in the Trial Court that: (1) no evidence was presented by anyone on the Motion of the defendants-counterclaimants for the temporary injunction; (2) the Court granted the Motion of the defendants-counterclaimants for the temporary injunction based upon the then pleadings only; and (3) the Court said, in considering the Motion for temporary injunction, that for the purpose of this hearing the only thing before the Court was Count I of the Counterclaim.
The temporary injunction so issued restrains John T. O'Brien as Fourth Vice-President of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America and all members of the International Brotherhood and all servants, agents and employees of the plaintiff from:
(a) Transacting any business or attempting to transact any business of any nature on behalf of or interfering with the defendants in conducting the affairs of Local Union No. 46, Teamsters, Chauffeurs and Helpers of Peru, Illinois, until a final determination of this case.
(b) Collecting any dues or attempting to collect any dues from any member of said Local Union No. 46 until final determination of this action.
(c) Contacting any employees or attempting to negotiate with any employers on behalf of any employees who were members of Local Union No. 46 on the date the complaint herein was filed until a final determination of this case.
(d) In any way attempting to influence or coerce any individual who was a member of Local Union ...
To continue reading
Request your trial
-
Austin Congress Corp. v. Mannina
...activities were felt. The reason we are compelled to view the matter in this light was well stated in O'Brien v. Matual, 14 Ill.App.2d 173, 186-187, 144 N.E.2d 446, 453: 'The primary purpose of a temporary injunction is to preserve matters in status quo until the court has had an opportunit......
-
Jain v. Northwest Community Hospital
...v. American College of Surgeons (1st Dist. 1963), 42 Ill.App.2d 352, 192 N.E.2d 414 (surgeons' association); O'Brien v. Matual (2d Dist. 1957), 14 Ill.App.2d 173, 144 N.E.2d 446 (labor union); Werner v. International Assoc. of Machinists (2d Dist. 1956), 11 Ill.App.2d 258, 137 N.E.2d 100.) ......
-
Stocker Hinge Mfg. Co. v. Darnel Industries, Inc.
... ... (O'Brien v. Matual (1957), 14 Ill.App.2d 173, 187, 144 N.E.2d 446.) The plaintiff is not required to make out a case which would entitle him to judgment at trial; ... ...
-
Streif v. Bovinette
...Ill. 608, 614-15, 52 N.E. 924), which is a property right that equity may clearly intervene to protect. (O'Brien v. Matual (2nd Dist. 1957), 14 Ill.App.2d 173, 192, 144 N.E.2d 446; but see Montgomery Ward & Co. v. United Retail Employees (1948), 400 Ill. 38, 79 N.E.2d 46.) Seen in one persp......