Stanton v. Harris
| Decision Date | 16 April 1943 |
| Citation | 13 So.2d 17,152 Fla. 736 |
| Parties | STANTON v. HARRIS et al. |
| Court | Florida Supreme Court |
Rehearing Denied May 4, 1943.
J. F Gordon and L. G. Egert, both of Miami, for petitioner.
Marx Feinberg, of Miami, for respondents.
Plaintiffs filed their bill of complaint seeking injunctive relief against the defendants. William W. Stanton, one of the defendants, filed his motion to dismiss on the ground that there was no equity in the bill. After argument, the trial court entered an order denying the motion to dismiss. The cause is now before us on petition for an interlocutory certiorari to review the order.
From what we can gather from the bill of complaint, it seems that the plaintiffs, and at least 500 other persons whose interests they purport to represent in this suit, were members in good standing of a local carpenters union in Dade County. As such members they attempted to vote at an election held by the Carpenters District Council of Miami, Florida for the purpose of electing a business agent. They were denied the right to participate in the election on the ground that they had not been members of their local union for at least 12 months prior to the election.
The Carpenters District Council of Miami is composed of delegates elected from the Local Unions under its jurisdiction. The constitution of the organization confers on the Council 'legislative and executive powers on all matters relating to the general interests and welfare of [the] Local Unions and their members'. It also gives the Council the power 'to frame working and trade rules and other laws and rules and the enforcement of same for the benefit of the organization in [the] district'.
The constitution of the United Brotherhood of Carpenters and Joiners of America--the parent organization--gives to the District Councils the right to make and enforce all necessary laws for Local Unions and District Councils that do not conflict with the laws of the International Body. It likewise gives to the General President of the United Brotherhood the power to decide all points of law, appeals and grievances.
Neither the constitution, by-laws, or rules of the District Council, nor of the United Brotherhood, prescribe the voting qualifications for members in an election of a business agent.
Prior to the election in question the District Council received a telegram from the office of the General President urging that for the best interests of the Brotherhood selection of local representatives should be made only by members who had held membership for one year or more in the local unions within the district. ...
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