Cameron v. Durkin
| Decision Date | 10 September 1947 |
| Citation | 321 Mass. 590,74 N.E.2d 671 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | ALFRED J. CAMERON & others v. MARTIN P. DURKIN & others. |
November 7, 8 1946.
Present: QUA, C.
J., LUMMUS, DOLAN & SPALDING, JJ.
Voluntary Association. Labor and Labor Union. Equity Jurisdiction Voluntary association. Equity Pleading and Practice Amendment, Parties, Rehearing, Appeal, Decree, Contempt proceedings. Contempt.
The granting of leave to amend the bill in a suit in equity ordinarily lies in the discretion of the trial court.
In a suit in equity to restrain putting into effect an order by the president and general executive board of a national labor association for the consolidation of certain local unions, it was proper to join as defendants the president, and also a general organizer of the association who had power to "recognize local unions when directed by and with the consent of" the president and power to suspend or expel any local union for "violation of the constitution, rules and established customs" of the association, where it appeared that the order in question had been made on report of the general organizer and that he had been instructed to exercise his power of suspension or expulsion in the event that the local unions represented by the plaintiffs should refuse to accept the consolidation.
An order by the president and general executive board of a national association of plumbers and steam fitters, made between conventions of the association, directing the consolidation of all plumbers in a certain area into one of the existing local unions which was composed of plumbers, and for the consolidation of all steam fitters in that area into another of the existing local unions which was composed of steam fitters, was declared invalid on objection by local unions affected by the consolidation, notwithstanding a provision of the constitution of the association that "no local union is conceded territorial jurisdiction other than the current working day in said territory," because the order was governed by and was in contravention of another provision of the constitution permitting the president and general executive board to order a consolidation of local unions only into "one" local union, and also because at the convention next preceding the order a proposal for such consolidation of the steam fitters had been defeated and the constitution further provided that "Decisions made by a convention shall not be changed between conventions."
A final decree for the plaintiffs was proper in a suit in equity by members of a voluntary labor association to restrain putting into effect an allegedly invalid order of officers of the association where the plaintiffs' remedy within the association was illusory because, although the constitution of the association provided for an appeal from the order "to the following convention" of the association and such an appeal was taken by the plaintiffs, the holding of a convention at any time was not compulsory under the constitution and at the times of the taking of such appeal and of the entry of the final decree there was no assurance that a convention ever would be held, and the constitution further provided that the order "shall be and remain effective for all purposes during the pendency of . . . such appeal, and until the following convention decides the appeal."
The correctness of a final decree in a suit in equity must be determined by the facts appearing at the time of its entry.
The granting of a rehearing of a suit in equity is discretionary with the trial court.
Contempt consisting of disobedience of a decree in equity, for which the contemnor was ordered to pay the opposing party a sum of money as compensation for injury done to him by the contempt, was dealt with as a civil contempt.
A final decree in equity dealing civilly with contempt consisting of disobedience of a previous decree was appealable by the contemnor under
G. L. (Ter.
Ed.) c. 214, Section 19.
After the claiming of an appeal from a final decree in a suit in equity granting an injunction, but before entry of the appeal in this court, the trial court had power to deal with a civil contempt consisting of disobedience of the decree.
BILL IN EQUITY, filed in the Superior Court on July 14, 1944. The defendants originally designated in the bill were certain named defendants. An amendment of the bill allowed on March 15, 1946, added as defendants "each and every the other persons who are members of Local Unions 12 and 537 of the United Association of Journeymen Plumbers and Steam Fitters of the United States and Canada, (a voluntary association) who are too numerous to be herein named individually and whose names are to the plaintiffs unknown and who are fairly represented by . . . [certain of the named] defendants . . . who are officers of said Local Union 12 and . . . [certain of the named] defendants . . . who are officers of said Local Union 537"; and added the allegation that the suit was brought against the named defendants "and each and every the other persons who are members of Local Unions 12 and 537 of said Association who are too numerous to be herein named individually and whose names are to the plaintiffs unknown and who are fairly represented by" certain named defendants.
The suit was heard by Cabot, J. The claim of appeal from the final decree on the merits of March 15, 1946, was filed in the Superior Court on March 26, 1946. The appeal was entered in this court on June 26, 1946.
M. F. O'Donoghue of the District of Columbia bar, (E.
McPartlin with him,) for the defendants.
M. T. Hall, (J.
P. Driscoll with him,) for the plaintiffs.
The plaintiffs bring this bill as representatives of the members of Local 289, located in Waltham and vicinity, and the members of Local 448, located in Framingham and vicinity, of the United Association of Journeymen Plumbers and Steam Fitters of the United States and Canada, a voluntary labor association, against some of the general officers of said association, and the members of Locals 12 and 537, located in Boston. All these locals are situated within twenty miles of Boston.
In 1924, at a general convention of the association, a resolution was defeated that would have given the Boston Local 537 the entire jurisdiction over steam fitting within a radius of twenty miles of Boston. But Local 12, composed of plumbers, and Local 537, composed of steam fitters, continued to aspire to extend their jurisdiction over all the territory within twenty miles of Boston. In June, 1944, the general president and the general executive board of the United Association ordered the consolidation of all plumbers in that territory into Local 12 and all steam fitters into Local 537. Appeal was claimed to the next general convention. This bill in equity was brought to restrain the defendants from putting that order into effect. The next general convention would normally have been held in 1946, but the holding of a convention is not compulsory, and a convention is never held except by a vote of a majority of the membership.
Section 131 of the constitution of the United Association provides "Whenever, in the judgment of the general president, it is apparent that there is a superfluous number of local unions in any locality and that a consolidation would be for the best interest of the United Association, locally or at large, he shall have the power to order two or more of such local unions to consolidate and to enforce the consolidation of said territory in one local union, provided such course receives the sanction of the general executive board." Section 26 of the constitution provides that "Decisions made by a convention shall not be changed between conventions, except by a referendum vote." Section 24 of the constitution...
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