Labonite v. Cannery Workers' and Farm Laborers' Union, 27276.

• Decision Date: 30 December 1938
• Docket Number: 27276.
• Citation: 86 P.2d 189,197 Wash. 543
• Court: Washington Supreme Court
• Parties: LABONITE v. CANNERY WORKERS' AND FARM LABORERS' UNION et al.

86 P.2d 189

197 Wash. 543

LABONITE v. CANNERY WORKERS' AND FARM LABORERS' UNION et al.

No. 27276.

Supreme Court of Washington

December 30, 1938

Department 2.

Action by Florencio L. Labonite against the Cannery Workers' and Farm Laborers' Union, Local Union No. 18257, now Local No. 7 of the Committee for Industrial Organization, and others to recover damages because of defendants' failure to comply with the terms of certain employment contracts. From an adverse judgment, defendants appeal.

Affirmed.

Appeal from Superior Court, King County; Hugh C. Todd, Judge.

Houghton Cluck & Coughlin and Ross N. Kingston, all of Seattle, for appellants.

Tworoger & Steinberg and Ralph A. Horr, all of Seattle, for respondent.

SIMPSON Justice.

The plaintiff, as assignee of ninety individual claims instituted this action to collect damages from the defendants because of the failure on the part of the defendants to comply with the terms of certain contracts for employment.

The complaint contains ninety causes of action, one for each of the assignors. The first cause of action, realleged in each succeeding cause, contains the following allegations: That the Cannery Workers' and Farm Laborers' Union, Local No. 18257, was an incorporated labor union, and the other defendants held themselves out as officers of that organization; that April 13, 1937, Florencio Oliva went to the office of the union and was informed by defendant Ponce Torres and other officers representing the union that they would procure employment for him in an Alaska cannery for the season of 1937 upon payment of $5 for a permit; that Florencio Oliva paid the sum of $5 and was given a permit, a copy of which follows:

                             "(Cannery Workers' and Farm      Date 4/13 1937                     No. 144
                            Laborers')
                                                         ---- ----
                               Union
                   American Federation of Labor      Received of
                         Unity is Strength
                          (hands clasped)            Florencio Oliva                      $5.00
                                                     ---------------------------------
                              Seattle                 Five and no/100.................  Dollars
                                                     ---------------------------------
                       Founded June 19, 1933         For Initiation___________________   $-----
                           (Local 18257)             For Dues from____________________   $-----
                                                     Permit Permit Apr. 13 1937           $5.00
                                                       (Permit)
                                                     ---------------------------------  -------
                84 Seneca Street--Seattle, Wash.          Total.......................    $5.00
                Branch or        Cannery Workers' and Farm Laborers' Union
                District   Cake                  Local 18257
                           ----
                           1932   By Ponce Torres                              ".
                                                        ---------------------
                

It is further alleged that the defendants did not procure the jobs as promised. In each cause of action there was an allegation concerning the wage to be paid the worker when sent to Alaska by the union, and the assignment of the cause of action to plaintiff. The allegations in the various causes of action named some one of the defendants as signing the permits on behalf of the union organization. The damages sued for in each instance were the amount the assignor would have earned had he worked in Alaska during the 1937 fishing and canning season and the sum of $5 paid for the permit.

During the trial the court allowed an amendment to the complaint which described the defendant organization as 'Local Union No. 18257, now Local No. 7, C. I. O.'

Defendants answered generally denying the allegations of the complaint.

The case was tried by the court sitting without a jury and at its conclusion findings of fact, conclusions of law, and judgment were entered in favor of fifteen assignors for a total of the amounts claimed by them. This appeal followed.

The assignments of error briefly stated are as follows: (a) Failure of the court to sustain appellants' challenge to the sufficiency of the evidence made at the close of respondent's case and at the conclusion of the trial; (b) in the entry of its conclusions of law and judgment, and (c) in the entry of judgment against Cannery Workers' and Farm Laborers' Union, Local 7, affiliated with the Committee for Industrial Organization, and the remaining defendants.

The evidence may be summarized as follows: Just prior to the beginning of the Alaska fishing and canning season of 1937, Local Union No. 18257 was affiliated with the American Federation of Labor. During the summer of that year the American Federation of Labor withdrew its charter from the local union, and the entire membership affiliated itself with the Committee for Industrial Organization. During the months of March, April, and May of 1937 the individual appellants issued to respondent's assignors permits to work in Alaska during the fishing and canning season for a consideration of $5, which was paid to and became part of the union funds. The permits were in form as alleged in the complaint. In each instance the assignors testified the appellants promised them that if they were sent to Alaska they would receive a certain wage for the fishing season of three months. The assignors, in obedience to instructions by defendants, went to the union hiring halls regularly, and there awaited notification of employment. None of the assignors were given jobs, however, and, after the last fishing ship sailed for the north, they instituted this action.

Appellants contend that the individuals who issued the permits were not authorized by the union organization to bind it by such contracts, and that the permits gave to their holders only a chance to secure a job.

The evidence, however, discloses that the issuance of permits was authorized by the union, and that they were signed by officers of the union at its headquarters upon printed forms bearing an insignia of the local organization. In addition, some of the permit holders testified that they were issued meal tickets by the union officials which were to be paid for when the fishing season was ended.

In testifying concerning statements made to one of the permittees, E. Taki, vice president of Local Union No. 7, said: 'I told him that upon payment of this, he would have a job if there were enough jobs for him, and if the company would take him, but I told him, I made it plain to him that the union would not guarantee him a job.'

Our examination of the record convinces us that the contracts made by the union officials were definite and certain, and sufficient to bind the appellants and to compel them to answer in damages for their violation.

It is admitted that holders of permits did not become regular members of the union, that regular members had a preferential right to the jobs, and that the permittees would only be sent to Alaska after the regular membership list had been exhausted. The regular membership of the union at the time was approximately 2000, and 3757 men were sent to Alaska by the union during...