McCantz v. Brotherhood of Painters, Decorators, Etc.

• Decision Date: 29 January 1929
• Docket Number: (No. 1770.)
• Citation: 13 S.W.2d 902
• Parties: McCANTZ v. BROTHERHOOD OF PAINTERS, DECORATORS AND PAPERHANGERS OF AMERICA.
• Court: Texas Court of Appeals

Page 902

13 S.W.2d 902

McCANTZ v. BROTHERHOOD OF PAINTERS, DECORATORS AND PAPERHANGERS OF AMERICA.

(No. 1770.)

Court of Civil Appeals of Texas. Beaumont.

January 29, 1929.

Appeal from District Court, Harris County; Charles E. Ash, Judge.

Suit by J. J. McCantz against the Brotherhood of Painters, Decorators and Paperhangers of America. From the judgment, plaintiff appeals. Affirmed in part, and reversed and remanded for new trial on issue of actual damages.

Clarence A. Miller, of Houston, for appellant.

Ewing Werlein and A. C. Winborn, both of Houston, for appellee.

WALKER, J.

This suit was brought by appellant, J. J. McCantz, against appellee, the Brotherhood of Painters, Decorators and Paperhangers of America, a corporation domiciled in the state of Indiana, for damages suffered by him on account of the refusal of one of its subordinate unions to accept payment of his regular dues maturing on the 1st of April, 1925, "thus withdrawing from plaintiff and causing plaintiff to lose his standing as a union man and the benefits belonging to him and enjoyed by him as a union man as a member of said Local No. 1069 and to lose in addition the rights which belonged to him as a member of said Local No. 1069 for disability and death benefits provided for members by the Constitution and Rules under which defendant including its subordinate bodies such as District Councils and Local Unions were being operated and were doing business on March 31, 1925." Appellant prayed for actual damages in the sum of $1,900, as follows: $200 death benefit for himself, $50 for his wife, loss of time because of his loss of standing as a union man, $600 in one count and $900 in another count, and for loss in compensation for the difference between union and nonunion wages, totaling $1,900, and for $1,000 exemplary damages, alleging that appellee's conduct was prompted by malice. Appellee's defense was certain provisions of its charter, reflected by the statement to be hereafter made. This appeal is from a verdict instructed in favor of appellee.

Appellee is a corporation organized for the following purposes: "1. The aiding of members to become more skillful and efficient workers. 2. The promotion of their general intelligence. 3. The elevation of their character. 4. The regulation of wages, hours and conditions of labor. 5. The cultivation of friendship among the members of the association and the rendering of assistance in securing employment. 6. The promotion of their individual rights in the prosecution of their trade or trades. 7. The raising of funds for the benefit of sick, disabled or unemployed members, and the families of deceased members who continuously complied with our laws. 8. And such other objects, for which working people may lawfully combine having in view their mutual protection and benefit."

Appellee's charter provided for the organization of local unions in any part of the United States, with authority to work, operate, and transact all business within their charter provisions. These local unions and their executive officers were agents of appellee. In cities having more than one local union, appellee's charter provided for the organization of district councils. In the city of Houston, appellant's home, there were two local unions, to wit, Local Union No. 130, organized on or about August 11, 1922, and Local Union No. 1069, organized on or about December 15, 1923. District Council No. 15, having jurisdiction over these two local unions, was organized in April, 1924. The by-laws, constitution, and charter of appellee and of these local unions prescribe certain obligations for their members and penalties for their violation. It was against these rules for any member to work for an employer who might be designated by them as unfair to union labor. The by-laws and constitution prescribed an elaborate and efficient trial and appellate procedure, providing for the filing of charges, giving notice to the defendant member, selecting trial committees, the reports of the committee, balloting on the reports, and the necessary steps to appeal from a conviction of a subordinate union to the highest executive body of appellee. Section 294 of appellee's constitution, a part of its trial procedure, authorizes punishment for contempt, and is as follows: "If the accused wilfully neglects or refuses to stand trial, the committee shall find him guilty of contempt and he shall be punished as the local union or district council may determine."

Section 292, in part, is as follows: "If the report and the decision of the committee are accepted or amended by the local union or district council the accused shall be summoned to appear at the next regular meeting and be sentenced by the President in accordance with the law or laws governing same."

It was further provided that all charges against a member should be in writing, specifying the section of the constitution or by-laws violated and the manner of violation. On and prior to May 24, 1923, appellant was a member in good standing of Local Union 130. On that date this union directed its secretary to prefer charges against appellant, the following notation being from its minutes: "The instance of a Bro. member now employed in the S. P. shops; Mot. made and carried that the Rec. Secy. prefer charges against Bro. John McCann."

Appellant was served with notice of this charge, but failed to appear. However, a trial committee was appointed, and after hearing evidence made due report of its findings. This report came on for hearing before Local Union No. 130 on June 21, 1923, whereupon the following proceedings were had, as shown by the minutes of that meeting: "The report of the trial committee as having tried Bro. J. J. McCants was read; Mot. made and carried to accept the report. Mot. made and sec. that the S. P. shops be placed on the fair list. After considerable argument a Mot. made and carried to table the Motion. Motion then made and carried to reconsider the acceptance of the report of the trial committee; this motion carried unanimous. Mot. made and carried that the trial committee be discharged and a new one appointed. Naming of the trial committee proceeded; ten names were made note of; Bro. Goodman was appointed by the President to strike off three names; they were Gray, Baiers and Gabriel. The remaining names were placed in the hat and drawn out as follows: Sherber, Arbing, V. L. Hughes, Forth and Chandler. The trial committee requests that a new set of charges be made out and that the defendant be notified to appear for trial next Thur. at 7:30 P. M." At the regular meeting July 5th, quoting from the minutes: "The action of the trial committee for J. J. McCantz was postponed."

On July 12, 1923, as appellant had refused to obey the summons to trial, he was, on due motion, fined $25 for contempt, of which he was given due notice. On July 19, 1923, appellant made his appearance for trial, and the contempt fine was remitted. On that date the old trial committee was discharged and a new one selected, which proceeded to try appellant upon the charges filed against him. After hearing the evidence, the committee made its report, which report was accepted, as shown by the following excerpt from the minutes of that meeting: "The trial committee returns and submits their report; the defendant asks that same be read; they ask that J. J. McCants resign his position at the S. P. Shops at once; the defendant volunteers that he will not do so. Mot. made and carried that the report of the trial committee be accepted and the Committee discharged."

In explanation of this last committee report, a member of the committee testified that the report was that appellant should be exonerated on condition that he resign from his employment with the S. P., and that appellant immediately left the hall when the vote acquitting him was taken. After he left, the union decided to take no further action at that time and to postpone action, thinking that he would return to the hall. On the theory that he might return, on the testimony of this witness, nothing further was done in the case until the following proceedings were had on August 9th: "The J. J. McCants case is considered unfinished; Mot. made and carried to reconsider the request of the trial committee, as rendered by them. Mot. made and carried that he be fined $50.00 under sections 275-295 of the general Constitution and that the fine be not remitted."

Prior to the entry of this order, appellant had not appeared at Local Union 130 since his acquittal on July 19th. He was not notified to appear. He was not notified that his case was still considered pending business. He was not notified that a motion would be made or had been made to reconsider the report of the committee as made on July 19th. But notwithstanding he was without notice, as affirmatively appears from the minutes of Local Union 130, and was under no summons to appear for trial, the vote of acquittal was reconsidered, and he was fined $50 for contempt, in violation of the constitution and by-laws of appellee and of Local Union 130. While the minutes show he was fined "under sections 275-295," the fine could have no basis except under section 294, supra. He was not notified of the fine against him, and knew nothing of the fine until long afterwards. After leaving...