United Packing House Workers of America (C.I.O.), Local 38 v. Boynton

• Decision Date: 08 February 1949
• Docket Number: 47301.
• Citation: 35 N.W.2d 881,240 Iowa 212
• Parties: UNITED PACKING HOUSE WORKERS OF AMERICA (C.I.O.), LOCAL 38, et al. v. BOYNTON.
• Court: Iowa Supreme Court

35 N.W.2d 881

240 Iowa 212

UNITED PACKING HOUSE WORKERS OF AMERICA (C.I.O.), LOCAL 38, et al. v. BOYNTON.

No. 47301.

Supreme Court of Iowa

February 8, 1949

[Copyrighted Material Omitted]

George D. Dunn, of Mason City, for petitioners.

Clough & Clough, of Mason City, for respondent.

HAYS Justice.

This cause comes here on a writ of certiorari for revision of an order of the trial court, to punish the petitioners for a contempt. It is based upon the alleged violation of a writ of temporary injunction. Rule 330, R.C.P., makes violation of any temporary or permanent injunction contempt and punishable accordingly. Section 665.11, Code of 1946, prohibits an appeal in contempt proceedings but provides for revision by certiorari.

Two distinct questions are involved and raised by the petitioners' propositions relied upon for sustaining the writ. They are (1) the validity of the temporary in junction, an d(2) the correctness of the contempt judgments. See Wells v. District Court, 126 Iowa 340, 102 N.W. 106; Mason v. District Court 209 Iowa 774, 229 N.W. 168.

The record shows the following facts:

Armour and Company operates a packing plant in Mason City, Iowa, under the name of Jacob E. Decke, and Sons. Employed there are members of the United Packing House Workers of America (C.I.O.), Local 38. On March 16, 1948, a strike was called at said packing plant by said Local 38 and its members. On March 27, 1948, Armour and Company filed a petition, supported by affidavit, asking for a temporary injunction, naming as defendants the following: 'United Packing House Workers of America (C.I.O.), Local 38; Charles Kranz, individually and as President of said Union; Arthur Costello, individually and as Chairman of the Strike Committee; Clarence Ramsey, individually and as Co-Chairman of the Strike Committee; Russell Bull, individually and as District Director of the United Packing House Workers of America, and all other members of the United Packing House Workers of America (C.I.O.), Local 38, whose names are unknown to plaintiff'. The hearing was set upon notice of not less than one day.

The notice was served upon each of the individuals above named, except Russell Bull, as an individual and in his official capacity. It was served on Local 38 by delivery of a copy to Charles Kranz, Vice-President and Acting President of said Union. The hearing was had on April 3, 1948, at which hearing, default was entered against Charles Kranz, individually and as President of Local 38; Arthur Costello, individually and as Chairman of the Strike Committee; and Clarence Ramsey, individually and as Co-Chairman of the Strike Committee. G. D. Dunn, a practicing attorney, was appointed to represent 'All other members of the United Packing House Workers of America (C.I.O.), Local 38, whose names are unknown to plaintiff'.

On April 12, 1948, a decree was entered granting a temporary injunction against United Packing House Workers of America (C.I.O.), Local 38; Charles Kranz, individually and as President of the Union; Arthur Costello, individually and as Chairman of the Strike Committee; Clarence Ramsey, individually and as Co-Chairman of the Strike Committee; and all other members of the United Packing House Workers of America (C.I.O.), Local 38, whose names are unknown to the plaintiff.

A temporary writ, in accordance with the decree, was served April 12, 1948, on Charles Kranz, individually and as President of said Union; Clarence Ramsey, individually and as Co-Chairman of the Strike Committee; and on United Packing House Workers of America (C.I.O.), Local 38; and all other members of the United Packing House Workers of America (C.I.O.), Local 38, whose names are unknown, an organization, by delivery of a copy thereof to Charles Kranz, Vice-President and Acting President of said Union. It was served on Arthur Costello, individually and as Chairman of the Strike Committee, on April 13, 1948.

On April 14, 1948, said Armour and Company filed a report as to a violation of the temporary writ and petition for a citation to violators of said injunction to show cause why they should not be punished for contempt. The alleged violators were named in the petition and in affidavits attached thereto. They are: United Packing House Workers of America (C.I.O.), Local 38; Charles Kranz, individually and in official capacity; Arthur Costello, individually and in official capacity; Clarence Ramsey, individually and in official capacity; Russell Bull, individually and in official capacity; and all other members of the United Packing House Workers of America (C.I.O.), Local 38, whose names are unknown to plaintiff. Ocie Lysne, Isabel Gomez, Juanita Berrigan, Abe Meecham, Vera Smalldridge, Merle Smalldridge, Mervyle Arndt, Ed A. Newman, Francis Cahalan, John Gomaz, Gilbert T. Christian, Howard Crane Sr., Henry Legler Sr., Henry Legler Jr., Louis Solum, Charles D. Kranz, Lambert Menke, John J. Frank, Ruth Schmidt, Helen Holtzendorf, O. J. Martin, Leola Von Wald, Albert Finer, George Maskarina, Forrest Abbott, Lynn Belding, George Ashlock, Merle Rogers, Marvin Mulhern, Ruth Holmes, Louis Stickney, Theresia Frank, Ulanda Nasheim, Esther Kennedy, Maxene Carpenter, Carl Nessett, Bernard Schmidt, Overton Burrell, Vera Murray, Jess Stickney, Alex Romig, George Romig, Ruth Menke, Howard May, Jake Alt, Edward C. Melsh, and L. C. Palmer.

All of said defendants, above named, were served with notice of the citation except Russell Bull. On the hearing all of the defendants were found guilty of contempt, except Clarence Ramsey, individually and officially; Russell Bull, individually and officially; and Ed. C. Melsh. As to them, the citation was dismissed. Judgment was entered against each of the other defendants, petitioners here, as follows:

United Packing House Workers of America (C.I.O.), Local 38, fine of $500.00.

Charles Kranz, individually and as Acting President of said Union, $500.00, or, in case of failure to pay said fine, that he be committed to the jail of Cerro Gordo County for 150 days, unless said fine is sooner paid.

Arthur Costello, individually and as Chairman of the Strike Committee, $500.00, or, in case of failure to pay said fine, that he be committed for 150 days.

Isabel Gomez, Ocie Lysne, and Juanita Berrigan, each a fine of $200.00, or, in case of failure to pay said fine, that each be committed for 60 days.

Each of the rest of above named petitioners, a $100.00 fine, or, in case of failure to pay said fine, each to be committed to the jail of Cerro Gordo County for 30 days, unless said fine is sooner paid.

Petitioners asserted in the contempt hearing, as they did in the hearing on the temporary injunction, that the injunction was void. They urged the same here, as permitted by Rule 315, R.C.P ., as a basis for the sustaining of the writ of certiorari. Two propositions are advanced: (1) That Local 38, being an unincorporated association not for pecuniary profit, has no legal entity and cannot sue or be sued; (2) The proceedings, not being a class or representative action, did not give the court jurisdiction over the members of Local 38, who were not specifically named and personally served with notice of the injunctive proceedings.

I. Was the original injunctive proceeding a class action? Rule 42 R.C.P., provides: 'If the persons composing a class are so numerous that it is impracticable to bring all before the court, such number of them as will insure adequate representation of all may sue or be sued on behalf of all, where the character of the right involved is: '* * * (c) Several, and a common question of law or fact affects the several rights, and a common relief is sought'.

The record clearly shows that the members of Local 38 are so numerous that it is impractical to bring them all before the court. The right involved is several, as to the various members; the question involved is a common question of law and the relief asked was common to all. While no where in the petition or notices is it categorically stated that the action is of a representative or class nature, local 38; its officers, both individually and officially; and all other members of the local whose names are unknown to the plaintiff, are named as defendants. Service was made upon the named defendants, as officials of the organization, Local 38, as well as individuals. The organization being an unincorporated association, no purpose or reason appears for such inclusion of the officers, in their official capacity, except as they represent the group or organization. Under Rule 46, R.C.P., the trial court found the parties before it (the officials of Local 38) adequately represented the group. No member of the class appeared and in accordance with Rule 47 R.C.P., an attorney was appointed to represent it. In this finding we find no error. It was clearly a class action.

II. Petitioners' next proposition is that the injunction proceedings were void so far as Local 38 is concerned.

It is conceded in the record that Local 38 is an unincorporated association, not for pecuniary profit. It is a well established rule at common law, in the absence of an enabling or permissive statute, an unincorporated voluntary association is not capable of being sued in its common or association name, for the reason that such association, in the absence of statutes recognizing it, has no legal entity distinct from that of its members. Wilson v. Airline Coal Co., 215 Iowa 855, 246 N.W. 753; 4 Am.Jur., Associations and Clubs, Section 46; Annotation 149 A.L.R. 508, 510. 7 C.J.S., Associations,§ 36(1), states, 'Generally speaking, an association may not be sued as such in the absence of statute changing the rule. But the trend of modern decisions is to permit suit against an association where...