Grand International Brotherhood of Locomotive Engineers v. Couch

• Citation: 184 So. 173,236 Ala. 611
• Decision Date: 06 October 1938
• Docket Number: 6 Div. 359.
• Parties: GRAND INTERNATIONAL BROTHERHOOD OF LOCOMOTIVE ENGINEERS v. COUCH.
• Court: Supreme Court of Alabama

184 So. 173

236 Ala. 611

GRAND INTERNATIONAL BROTHERHOOD OF LOCOMOTIVE ENGINEERS v. COUCH.

6 Div. 359.

Supreme Court of Alabama

October 6, 1938

Rehearing Denied Nov. 10, 1938.

Appeal from Circuit Court, Jefferson County; Leigh M. Clark, Judge.

Action for breach of contract by T. Ed Couch against the Grand International Brotherhood of Locomotive Engineers. From a judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under Code 1923, § 7326.

Reversed and remanded.

Horn Weisell, McLaughlin & Lybarger, of Cleveland, Ohio, and Cabaniss & Johnston, L. D. Gardner, Jr., and Jos. F Johnston, all of Birmingham, for appellant.

Walter S. Smith, of Birmingham, for appellee.

FOSTER Justice.

On April 9, 1929, an investigation was conducted by R. W Rogers, Superintendent of the Seaboard Air Line Railway Company, of charges preferred against T. Ed Couch, appellee, for a violation of rule 702 of that company, which is as follows: "No person who is intemperate, dishonest, immoral or otherwise vicious will be permitted to enter or remain in the service." Appellee was a locomotive engineer of the railroad, and a member of the International Brotherhood of Locomotive Engineers. This is an unincorporated union, with a constitution and by-laws.

The investigation had no connection with the union, but was a routine railroad proceeding. As a result of it, appellee was on May 10, 1929, dismissed from the service of the railroad.

A stenographic report of the proceedings was introduced in evidence, and showed that there had been much complaint in respect to his bearing toward women passengers on the trains of the railroad, while he was riding to and from his home, not on duty. He was present at the hearing, and had a representative pursuant to the rule, and made no objection to it, but introduced witnesses, and he testified at length giving his version of the occurrences, disclaiming all improper motives in that connection.

There was a provision in the by-laws of the association, (section 27 [a] called "Statutes") as follows: "It shall be the duty of the local committee of adjustment of each division to meet at such time and place as the chairman may designate, and adjust if possible with the local officials of the road or system the grievances of the members of their respective divisions." On June 12, 1929, he wrote to his division No. 684, located at Atlanta, Georgia, calling attention to his dismissal for violating rule 702, and declaring that he is not guilty, and requesting them to handle this as his grievance. His division considered the request at its meeting on June 23, 1929, and appointed a committee to look into it. They had a copy of the stenographic report of the investigation by the railroad. On June 25, 1929, the committee reported that they had conferred with appellee's representative at the hearing, and failed to find sufficient grounds to handle the request made by him. On that day, by authority of the division, the secretary and treasurer wrote defendant that the "Division 684 cannot handle your grievance."

On April 27, 1931, nearly two years thereafter, appellee again wrote to his division in Atlanta, declaring his appeal from their decision to the general committee of adjustment. On May 11, 1931, he had a letter from his division that they had never decided that he had a grievance, and that "there was no refusal to it."

On May 14, 1931, he wrote the grand chief engineer of the order calling attention to the situation and declaring an appeal to him to handle it. On May 18, 1931, the chief engineer wrote the division, of which he was a member, for information, and finally on October 10, 1931, he wrote appellee that the case had not been referred to him by division 684, and until so he could not handle it. Further correspondence was had with the division, and on November 22, 1931, they wrote him that on June 25, 1929, his request was thoroughly discussed and decided that he had no grievance.

On April 25, 1933, he appealed to the Grand International Convention of the Brotherhood. On May 2, 1933, he had a response from the grand chief engineer that under section 36(k) standing rules, "there can be no appeal other than through a referendum vote of the membership under the jurisdiction of the general committee of adjustment on the individual railroad." His appeal was not recognized.

The basis of his suit is that by a refusal to meet and adjust his grievance with the railroad, he was not reinstated, lost his job permanently, could not get work, or earn compensation, and that defendant thereby breached its contract.

Upon the trial the court charged the jury that a grievance is a just cause for complaint, because of an injury or wrong that is unjust or oppressive, and left the question to the jury to determine whether he was unjustly treated by the railroad; and that he was not so treated if he had a fair trial and the railroad acted in good faith in finding him guilty from the evidence submitted on its investigation, and in that event he would have no grievance.

(1) Appellant insists that being a member of a voluntary unincorporated association, appellee could not sue the association, as being in a measure a suit against himself, and further that the relation is such that it is only in equity that a member, as a partner, can sue his own company.

This may be the rule as to partnerships for commercial purposes, notwithstanding section 5722, Code, permitting a suit against it without joining the partners. Merrill v. Smith, 158 Ala. 186, 48 So. 495. No decision on that point however is here made. But a different rule obtains in respect to nonprofit fraternal, charitable or mutual aid associations, when a statute so authorizes. Section 5724, Code; 7 Corpus Juris Secundum, Associations, p. 23, § 1, p. 91, § 36, p. 101, § 37; 5 Corpus Juris p. 1374, § 134; 4 Am.Jur. p. 466, § 18, p. 476, § 32; Grand International Brotherhood of Locomotive Engineers v. Green, 210 Ala. 496, 499, 98 So. 569; Brotherhood of R. Trainmen v. Barnhill, 214 Ala. 565, 108 So. 456, 47 A.L.R. 270; 4 Am.Jur. pp. 462, 463, § 13; 63 Corpus Juris p. 662, § 11; Rueb v. Rehder, 24 N.M. 534, 174 P. 992, 1 A.L.R. 423. We cannot sustain this contention by appellant.

(2) The next contention is that the complaint shows...