Thomas v. Howard County
Citation | 276 A.2d 49,261 Md. 422 |
Decision Date | 12 April 1971 |
Docket Number | No. 353,353 |
Parties | Rober THOMAS et al. v. HOWARD COUNTY, Maryland et al. |
Court | Court of Appeals of Maryland |
John J. Hirsch, Baltimore (Paul E. Gaeng and Elizabeth M. Eckhardt, Baltimore, on the brief), for appellants.
James N. Vaughan, Ellicott City (Thomas E. Lloyd, Ellicott City, on the brief), for appellees.
Argued before HAMMOND, C. J., and BARNES, McWILLIAMS, FINAN, SINGLEY, SMITH and DIGGES, JJ.
The Circuit Court for Howard County (Macgill, C. J.,) on March 26, 1970, sustained, without leave to amend, a demurrer of the appellees and defendants below-Howard County, its County Council, its Chief Executive, its Director of Public Works, its Chief of the Bureau of Inspections and its Chief Inspector of the Bureau of Inspections, Licenses and Permits-to the bill of complaint filed by the appellants, Wilbur E. Ficke (an original plaintiff but who has withdrawn from this appeal), Robert Thomas and the Plumbers and Gasfitters U. A. Local Union No. 48 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO (Local Union No. 48) and dismissed the bill of complaint by a decree signed and filed on August 27, 1970. The principal question in this appeal is whether the bill of complaint, on its face, alleges a cause of action. We have concluded that it does and shall reverse and remand the case for further proceedings.
The bill of complaint alleges that the two individual plaintiffs, Ficke and Thomas, 'are residents and taxpayers' of Howard County, a Municipal Corporation of the State of Maryland (County), and that they 'own property in the County on which they pay County and State real property taxes in addition to taxes on their annual income * * *.' It is also alleged that they are registered journeymen plumbers duly licensed in Maryland in accordance with Code (1957), Art. 43, §§ 326, 333 and 336. They work at the plumbing trade in the County as well as other counties and in Baltimore City. They are members of Local Union No. 48. Because of their residency in the County, they receive from it water, sewer and sewage disposal services and their 'health, welfare and comfort will be directly affected by the improper installation of sanitary waste lines, storm water lines, and acid waste lines and other plumbing systems by those unlicensed and unskilled in the plumbing trade' in violation of the Howard County Plumbing Code as well as of Code (1957), Art. 43, §§ 326 and 333. They further allege that 'as taxpayers they have a further direct and real interest in the matter and controversy because of the real and substantial loss to Howard County of permit fees as a result of the lack of enforcement of the County Plumbing Code. * * *' It is also alleged that, as a further result, 'their employment opportunities in Howard County are and will be lessened and impaired with the direct personal loss of wages' and, further, that as a result of the financial loss to their certified collective bargaining representative, Local Union No. 48, their voice and effectiveness in matters concerning wages, hours and other conditions of employment in the plumbing industry will be adversely affected as well as personal losses to them of employer contributions based on hours worked made to pension, health and welfare funds in their behalf under collective bargaining agreements.
In paragraph 2 of the bill of complaint Local Union No. 48 is described as an unincorporated labor organization under Section 7 of the Labor Management Relations Act of 1947 (29 U.S.C.A. § 157) and is an association of individuals licensed to work at the plumbing trade and regularly doing business in the County. It is authorized to sue and be sued as an entity and on behalf of its members. Its members 'are residents and taxpayers' in the County and regularly work at the plumbing trade in the County. It has a 'direct legal interest and stake' in the controversy and 'will suffer direct and immediate financial injury' along with its members by the 'inapplication and lack of enforcement' of the County Plumbing Code in that employment opportunities under collective bargaining agreements negotiated by it on behalf of its members 'are being dissipated and impaired' in the County 'resulting in a substantial loss to its members in wages, and, necessarily resulting in a direct loss of revenue' to Local Union No. 48 'of dues paid to it by its members based upon the number of man hours they work'; this financial loss will impair its functions and obligations to its members and they are 'being adversely affected by the deliberate, willful and negligent lack of enforcement of the Howard County Plumbing Code.' Local Union No. 48 will suffer an infringement upon its certification under the Federal Statute with its statutory right to bargain collectively for its licensed journeymen plumbers in the County.
In paragraph 3, the plaintiffs allege that they filed the suit 'in behalf of themselves and all persons similarly situated.' After describing in paragraph 4 the various defendants and their respective relevant duties under the County Charter, the plaintiffs allege in paragraph 5 that the County Council in the exercise of powers granted by the County Charter, adopted Council Bill No. 19 in its 1969 Legislative Session (Legislative Day No. 10), which bill (it was enacted on July 14, 1969) adopted by reference the County Plumbing Code and Rules and Regulations governing plumbing and drainage work, dated January 1, 1969, which was printed by the County Central Services. The broad definitions of 'Plumbing' and 'Plumbing System' in Chapter 1 are then set forth in full.
Paragraph 6 alleges that the Plumbing Code sets forth certain basic principles as follows:
Paragraphs 7, 8 and 9 of the bill of complaint are as follows:
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