Furniture Workers' Union Local 1007 v. United Broth. of Carpenters and Joiners of America, 27870.

• Decision Date: 23 December 1940
• Docket Number: 27870.
• Citation: 6 Wn.2d 654,108 P.2d 651
• Court: Washington Supreme Court
• Parties: FURNITURE WORKERS' UNION LOCAL 1007 et al. v. UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA et al.

108 P.2d 651

6 Wn.2d 654

FURNITURE WORKERS' UNION LOCAL 1007 et al. v. UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA et al.

No. 27870.

Supreme Court of Washington

December 23, 1940

Department 1.

Action by the Furniture Workers' Union Local 1007 and others, as members thereof, against the United Brotherhood of Carpenters and Joiners of America, an unincorporated association, and others, for conversion of plaintiff union's personal property, records, and money. Judgment for plaintiffs, and defendants appeal.

Affirmed.

Appeal from Superior Court, King County; Donald A McDonald, Judge.

L Presley Gill, of Seattle, for appellants.

Houghton Cluck & Coughlin, of Seattle, for respondents.

ROBINSON Justice.

In this appeal, the assignments of error are as follows:

'1. The trial court erred in entering judgment for the plaintiffs.

'2. The trial court erred in sustaining the demurrer to the second affirmative defense contained in the defendants' amendment to their answer.

'3. The trial court erred in entering judgment against the marital community of the individual defendants.'

Appellants state that the following questions are involved in the appeal: '1. Where the constitution and by-laws of a parent labor organization provide that upon the suspension of a member union all property held by said union is to be held in trust by the parent organization, and further provides a method of appeal within the organization, may the suspended union resort to the courts without appealing within the organization?

'2. Where a member labor union has been suspended by the General President of the parent organization, should a demurrer be sustained to an affirmative defense in a court action which offers a complete hearing within the organization?

'3. Where the officers and trustees have turned over the funds and property of the union to the parent organization upon orders of the General President, should a judgment be entered against the marital communities composed of said officers and trustees and their wives?'

It will be noted that neither the assignments of error nor the statement of questions involved raise any question as to the accuracy of the findings of fact.

We take it, then, that the only question raised by the first assignment is: Do the findings of fact and conclusions of law support the judgment entered? The findings and conclusions are as follows:

'1. Furniture Workers Union Local 1007, hereinafter called Local 1007, is and at all times herein mentioned has been, a labor union and a voluntary unincorporated association with a membership too numerous to be made parties plaintiff, and all of whom are workers employed in the furniture industry in King County, Washington. Local 1007 came into existence about November 17, 1933, and on that date was chartered as a beneficial local union by defendant United Brotherhood of Carpenters and Joiners of America. Sometime in 1934 Local 1007 changed from a beneficial local union to a non-beneficial local union and received a new charter as a non-beneficial local. Plaintiffs Joseph Black, John Johnson and William Mortland are members and are, respectively, president, recording secretary and financial secretary of Local 1007. The other individual plaintiffs, Glen Myers and Harold Egbert, are members of Local 1007. All of the individual plaintiffs are fairly representative of the membership of Local 1007. They were duly authorized by Local 1007 and its members to bring this action, and have brought it on behalf of all members of Local 1007.

'2. Defendant United Brotherhood of Carpenters and Joiners of America, hereinafter called the Brotherhood, is and at all times herein mentioned has been, an international labor union and an unincorporated association composed of a large number of members too numerous to be made parties defendant, including a large number of members who are citizens and residents of the State of Washington. The Brotherhood has affiliated with it a number of local unions whose field of operations is within the State of Washington. The Brotherhood is doing business within the State of Washington and within King County.

'Furniture Workers Union Local 2097, hereinafter called Local 2097, is a labor union and a voluntary unincorporated association composed of a number of members too numerous to be made parties defendant. It was chartered by the Brotherhood on December 29, 1937. Almost all of its members were members of Local 1007 just prior to their becoming members of Local 2097. All of the male defendants except Howard Bennett and John Truman are members of Local 2097 and of the Brotherhood, and are fairly representative of the membership of Local 2097. Defendant John Truman was a member of Local 2097 on and after December 29, 1937, but he has recently ceased to be a member. Defendant Charles Goucher and defendant George Bartholomew are, respectively, president and business agent of Local 2097.

'Defendant Howard Bennett is a member of the Brotherhood and the general representative of the Brotherhood in the State of Washington.

'Jane Doe Goucher, Jane Doe Bartholomew, Jane Doe Truman, Jane Doe Wright, Jane Doe Anderson, Jane Doe Brighton, Jane Doe Kaylor, Jane Doe Johnson and Jane Doe Bennett, whose true Christian names are not shown by the evidence, are and at all times herein mentioned have been the wives, respectively, of Charles Goucher, George Bartholomew, John Truman, T. B. Wright, Ted Anderson, Peggy Brighton, Don Kaylor, Harold Johnson and Howard Bennett. The acts of the male defendants, all of whom are citizens and residents of the State of Washington, hereinafter described, were done for and on behalf of and in the interests of the marital communities which they with their wives constitute, and in all cases except that of Howard Bennett were done for and on behalf of the members of Local 2097 and as members of Local 2097. All of the members of Local 2097 knew of these acts and accepted the fruits thereof.

'3. On December 20, 1937, without making any charges against Local 1007 and without giving any notice or hearing and without any trial or granting any opportunity to be heard, the Brotherhood and its president, William Hutcheson, suspended Local 1007. On December 21, 1937, defendant Howard Bennett, acting as agent of the Brotherhood and its president, William Hutcheson, accompanied by defendant George Bartholomew and defendant John Truman, entered the office of Local 1007 at 204 Traders Building, Seattle, and took therefrom one filing cabinet of the value of $4.00, one addressograph of the value of $30.00, one mimeograph of the value of $30.00, one typewriter of the value of $15.00, two oak typewriter stands of the value of $8.00, one desk of the value of $20.00, one table of the value of $20.00, forty folding chairs of the value of $40.00, twelve arm chairs of the value of $50.00, one paper-cutter of the value of $12.00, one swivel chair of the value of $10.00, six cuspidors of the value of $3.00, and numerous contracts and agreements, books and records, the charter of Local 1007, its seal, and a large amount of correspondence. The value of the use of the above tangible property since December 21, 1937 has been $5.00 per month. All of this property was the property of Local 1007 and its members.

'Within a few days defendant Howard Bennett, still acting under the instructions of and as agent of the Brotherhood, turned over all of this personal property to Local 2097 and its officers and members, except the charter and seal of Local 1007, which defendant Howard Bennett sent to the Brotherhood at Indianapolis, Indiana. Since that time Local 2097, its officers and members, have continued to hold possession of said property and to use it as their own.

'4. On December 21, 1937 Local 1007 and its members were also the owners of the sum of $3,954.42 in money. Some of this money made up a general fund of Local 1007 which was used for the current running expenses of the local. The balance of the money constituted an emergency or strike fund which had been set up by Local 1007 principally in order to provide benefits for its members during times when they were on strike. $3,119.61 of this money was, on and about December 21, 1937, in the custody and control of a committee consisting of defendants John Truman, T. B. Wright and Ted Anderson. Under instructions from the Brotherhood, defendant Howard Bennett requested these defendants to turn over this money to him. This they did, and subsequently he turned the money over to Local 2097, its officers and members.

'$834.81 of the total of $3,954.42 was in a checking account under the control of defendant George Bartholomew and defendant Peggy Brighton, who were then president and treasurer, respectively, of Local 1007. These two defendants wrote a check in the sum of $520.00 payable to defendant Howard Bennett, who was again acting in the matter under instructions of and as agent of the Brotherhood, and Bennett Turned over the $520.00 thus obtained to Local 2097, its officers and members. Subsequently and on February 17, 1938, the balance of $314.81 in the general fund of Local 1007 was discovered and defendants George Bartholomew and Peggy Brighton, who were by that time members of Local 2097, turned over this amount of money to Local 2097, its officers and members.

'All of the members of Local 2097 were aware that the money thus obtained from Local 1007 had been turned over to Local 2097, and the members of Local 2097 used this money as their own.

'5. After its suspension by the Brotherhood, Local 1007 continued to exist and function with a membership varying between forty and ninety. On February 16, 1937 plaintiff John Johnson, then recording secretary of Local 1007, mailed to the ...