Smith v. United Const. Workers, 39521

• Court: Georgia Court of Appeals
• Writing for the Court: NICHOLS
• Citation: Smith v. United Const. Workers, 126 S.E.2d 307, 106 Ga.App. 87 (Ga. App. 1962)
• Decision Date: 17 May 1962
• Docket Number: No. 39521,No. 2,39521,2
• Parties: Mrs. R. W. SMITH v. UNITED CONSTRUCTION WORKERS, etc., et al

Page 307

126 S.E.2d 307

106 Ga.App. 87

Mrs. R. W. SMITH v. UNITED CONSTRUCTION WORKERS, etc., et al.

No. 39521.

Court of Appeals of Georgia, Division No. 2.

May 17, 1962.

Syllabus by the Court

1. Service may be perfected upon an unincorporated organization by service upon a member of such organization who is employed by the president as a field representative to organize locals, solicit applications for membership, service such locals, handle grievances and aid in negotiating contracts, etc., under the supervision of a regional director who is also employed by such president.

2. While service may be perfected upon an unincorporated organization by serving an 'official member' of a branch or local, service cannot be perfected upon such an unincorporated organization by serving an 'official member' of a successor organization or an 'official member' of an organization that, at the time of service, has no connection with the organization sought to be served.

Mrs. Russell W. Smith sued United Construction Workers, District 50, United Mine Workers of America; District 50, United Mine Workers of America; and United Mine Workers of America to recover her damages resulting from the alleged willful and tortious acts of the defendants, their agents, employees and members in shooting her husband. The defendants traversed the entries of service of process and, after amendments had been filed to the returns of service and the separate traverses amended, the trial court, hearing the issue thus made without the intervention of a jury, sustained the traverse of each defendant and thereafter dismissed the petition because it appeared that no further service could be made on the defendants in Bibb County. The plaintiff assigns error on the judgments adverse to her.

Wilson, Branch & Barwick, Robert Thompson, Thomas S. Bentley, Lokey & Bowden, Hamilton Lokey, Glen Frick, Atlanta, Jones, Sparks, Benton & Cork; Frank Jones, Macon, for plaintiff in error.

Nall, Miller, Cadenhead & Dennis, A. David Kahn, James W. Dorsey, Atlanta, Martin, Snow, Grant & Napier, Cubbedge Snow, Macon, for defendant in error.

NICHOLS, Presiding Judge.

1. the first question to be dealt with is whether the person served as an 'official member' of District 50, United Mine Workers of America was a person authorized by the act of 1959 (Ga.L.1959, p. 44; Code Ann. § 3-117 et seq.), to receive service for such defendant. The person served was a member of such union and was an employee of such union (field representative), being appointed by the president of the union, and under the supervision of a regional director, also appointed by the president, worked as an organizer, took application for membership, serviced local unions, handled grievances and helped local unions negotiate contracts.

In Claycraft Co. v. United Mine Workers, 6 Cir., 204 F.2d 600, it was held that a regional director with duties similar to those of the person upon...