Local Union 57, Brotherhood of Painters, Decorators and Paperhangers of America v. Boyd

• Citation: 16 So.2d 705,245 Ala. 227
• Decision Date: 03 February 1944
• Docket Number: 6 Div. 190.
• Parties: LOCAL UNION NO. 57, BROTHERHOOD OF PAINTERS, DECORATORS AND PAPERHANGERS OF AMERICA, et al. v. BOYD.
• Court: Alabama Supreme Court

16 So.2d 705

245 Ala. 227

LOCAL UNION NO. 57, BROTHERHOOD OF PAINTERS, DECORATORS AND PAPERHANGERS OF AMERICA, et al. v. BOYD.

6 Div. 190.

Supreme Court of Alabama

February 3, 1944

Appeal from Circuit Court, Jefferson County; E. M. Creel Judge. [Copyrighted Material Omitted]

The appeal is from a decree overruling a demurrer to the bill. The salient averments of fact are as follows:

The Bechtel-McCone-Parsons Corporation, which was engaged in war work, entered into a contract in January, 1943, with the Brotherhood of Painters, Decorators, and Paperhangers of America, which contract provided in effect that the corporation would requisition the painters needed on the job through the local painters' union. Other provisions of the contract were to the effect: that if the union advises the contractor that any member employed on the project is no longer in good standing, the contractor shall release such defaulting workman and substitute a member in good standing in the union; that there shall be no strikes or lockouts on account of any labor dispute; that all disputes be submitted to arbitration; and that there be no limitation placed upon the amount of work any workman shall perform. Persons in confidential relationships, such as superintendent, were subject to employment by the contractor without regard to union membership. The contractor was to be the sole judge of the competency of the workmen, and the contract discloses upon its face that the work is a part of the war program.

Work was begun about February 1st, 1943, on the modification of aircraft. On that date the contractor corporation employed complainant as superintendent at a salary of $114.38 per week, and from that time, up to and including May 1st following, he served in that capacity and was recognized and treated as superintendent of painters by Local Union No. 57 as well as by the officers on the job, although he was erroneously carried on the payroll of the corporation as "general paint foreman."

The Brotherhood of Painters, Decorators, and Paperhangers of America, above referred to, (here for brevity designated the national organization) has its home office in the City of LaFayette, Indiana. It is a voluntary, unincorporated labor organization, widespread, and designed to organize as one union all painters, decorators, and paperhangers in the United States. It is comprised of an unlimited number of local unions and subordinate bodies subject to its laws and usages. It has chartered from time to time various labor unions, and is affiliated with the American Federation of Labor. Local Union No. 57 is a voluntary, unincorporated labor organization, doing business and having its principal office in Jefferson County, Alabama. Local 57 (to so designate for brevity) was chartered several years ago by the national organization, and has jurisdiction over all workmen in Jefferson County who are members of the national organization.

Complainant has, for a period of approximately twenty-five years, been a member in good standing of the national organization, and for the past seven years has been affiliated with Local 57 in Birmingham, paying all fees, dues, and assessments required of him, aggregating about $2,500.

The bill charges that, by virtue of the activity of Local 57, and the use of what is commonly known as a "defense fund," it is practically impossible for one not a member in good standing of the national organization to obtain employment or earn a living as a painter in Jefferson County, and that this condition has existed for several years preceding the filing of the bill. By virtue of his membership in the national organization and his affiliation with Local 57, and the payment of all assessments, fees, and dues, complainant is entitled to certain property rights-such as death and disability benefits, as well as benefits for the death of the member's wife, and sick and burial benefits as well. Extracts from the laws of the national and local union are set out, all of which show benefits of a very substantial character, each dependent upon the continuous good standing of the member.

The bill also contains extracts from the constitution and by-laws of the national organization concerning the trial of a member. As to a local union, the trial shall be by members of its executive board; and if any member of the trial board is directly interested in the proceedings, he shall refrain from sitting and a disinterested member appointed in his stead. In short, the constitution and by-laws of the national organization contemplate a fair and impartial trial, with due notice given to a member before action taken.

The bill makes as party defendant some thirty-three members of Local 57, who are denominated "conspirators" and include among the number the vice-president, the financial secretary, the recording secretary, the chairman of the trustees, and business agent, of Local 57. It is charged that these defendants, soon after complainant was employed as superintendent and had started upon the performance of his duties, "wrongfully and maliciously combined, conspired, confederated, and agreed together, to cause appellee to lost his job, and began to devise ways and means of accomplishing that result."

In handling the paint work on the job complainant had five foremen of painters working under him. On March 12th, 1943, one of the named conspirators, a member of Local 57, was discharged by his foreman for loafing. Complainant approved his discharge, and thereafter three other of the named conspirators started dissension among the painters. Meetings were held on the job during work hours at times when they should have been performing their duties, and these conspirators would go from painter to painter and talk about the discharge and interfere with the work of said painters, endeavoring to dissatisfy them with the treatment they were receiving. Some of the named conspirators, in furtherance of the aforesaid conspiracy, came to complainant's office and used abusive language towards him in the presence of others, because he had appointed one Gibson as foreman on the job.

At a meeting of Local 57, and in furtherance of the conspiracy, it is charged that one of the conspirators made a motion to strike on the job in violation of the contract, and in violation of the constitution of the national organization. The bill further charges that the conspirators entered into a conspiracy to slow down the painting work on the job, and some of them told the painters to slow down, that the job would not last long at the rate they were going; and that some of them "maliciously ran their fingers through plastered joints on sheetrock that had been freshly plastered and painted, which necessitated the work being done over and slowed down said job, and in furtherance of said conspiracy, said conspirators or some of them, maliciously poured or mixed paint of one color with paint of a different color, so as to render it unusable on the job, which necessitated the procurement of additional paint and delay and slowing down of the work on the job."

It is further charged that, in furtherance of the conspiracy, the named conspirators, or some of them, assembled in the union hall, or in its anteroom, where meetings of said Local 57 were held, and signed a petition on the stationery of Local 57 addressed to the contractor corporation, in which they demanded that complainant and two named foremen be discharged. This was not an authorized or official meeting of said Local 57, and the demand was made on its stationery for the purpose of misleading the corporation and causing it to believe the action taken in said meeting was official action of said Local 57. The instrument so signed was delivered to the corporation by the business agent of Local 57, all of which was in furtherance of the aforesaid conspiracy. Following the delivery of this instrument, complainant continued to perform his duties on the job. The bill than charges that the conspirators, observing their lack of success in the attempt to cause complainant to lose employment, wrongfully and maliciously conspired to file a fictitious charge against him in Local 57 and have him expelled as a member of the national organization by said Local 57. The bill then sets out the charge made against the complainant by one of the conspirators, setting up a violation of Sec. 45 of the by-laws of the local union. The punishment fixed by this bylaw was the imposition of a fine, or expulsion from the union. Complainant was given notice that the charges would be heard on April 7th, 1943.

Complainant protested against anyone serving on the trial board who was interested in the proceedings, naming four members so interested. Thereupon, that particular trial was discontinued, the chairman of the board stating "It's off." Complainant heard nothing further of the matter until 5:30 P. M. on April 14th, 1943, at which time he received a letter under the seal of Local 57 to the effect that they would proceed with his trial, which letter was delivered to him about thirty minutes before the time set for the trial. He nevertheless appeared, and observed on the trial committee five members who were interested in the proceedings and disqualified to sit, each being a member of the conspiracy who caused complainant to lose his employment with the corporation, and each knowing that the charge was not filed in good faith but was for the purpose of ousting him from his employment by expulsion from Local 57. In addition to this, two of the members sitting were not members of the executive board, and neither of them had been appointed to the trial board by the president of the local. Nevertheless, and notwithstanding complainant's protest at being put on trial...