Washington Local Lodge No. 104 of International Brotherhood of Boilermakers, Iron Shipbuilders & Helpers of America v. International Brotherhood of Boilermakers, Iron Shipbuilders & Helpers of America
| Citation | 28 Wn.2d 536,189 P.2d 648 |
| Decision Date | 17 February 1948 |
| Docket Number | 30178. |
| Parties | WASHINGTON LOCAL LODGE NO. 104 OF INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILDERS AND HELPERS OF AMERICA, et al. v. INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILDERS AND HELPERS OF AMERICA, et al. |
| Court | United States State Supreme Court of Washington |
Appeal from Superior Court, King County; Chester A. Batchelor, Judge.
On rehearing.
Opinion adhered to.
For former opinion, see 183 P.2d 504.
Bassett & Geisness, of Seattle, for appellants.
Chadwick Chadwick & Mills and Edward E. Henry, all of Seattle, for certain respondents.
Joseph A. Padway and Padway, Wolf, Thatcher, Glenn & Wilson, all of Washingtion, D. C., and George Flood, of Seattle, for American Federation of Labor.
Upon a rehearing En Banc, a majority of the court adhere to the Departmental opinion or the result thereof, heretofore filed herein, and reported in Wash., 183 P.2d 504.
The record contains so many facts essential to a complete understanding of the issues of law and fact that I deem it necessary to add much to the statement contained in the majority opinion.
This action was instituted for the purpose of securing a declaratory judgment, defining the rights of the Washington Local Lodge No. 104 of the International Brotherhood of Boilermakers, Iron Ship Builders and Helpers of America, and its parent, or superior organization, known as the International Brotherhood of Boilermakers, Iron Ship Builders and Helpers of America. The right sought to be determined was whether, under the international, and subordinate lodge constitutions, the plaintiff local had the right to fix and regulate the salaries of its elective and appointive officers without the consent of the parent union. Another purpose of the action was to secure a temporary restraining order enjoining the defendants from:
The answer put in issue the questions presented in the complaint, and set up affirmative defenses which will be reflected in the facts which I will mention.
A temporary restraining order was entered in compliance with the request contained in the complaint.
The case was tried to the court. At the conclusion of the trial, the court took the case under advisement, and then, after study, filed his memorandum opinion. In that opinion, he thoroughly reviewed all of the facts presented at the trial, and applied the law relating to those facts. Thereafter, the court made its findings of fact and conclusions of law, and then entered its decree, the pertinent portion of which reads:
'Now, therefore, it is ordered, adjudged and decreed that the Complaint of the plaintiffs herein be and the same is hereby dismissed with prejudice only as to the matters now embraced within the pleadings and issues herein.
'It is further ordered, adjudged and decreed that the restraining order issued herein on the 23rd day of May, 1946, and the temporary injunction modifying the said restraining order entered herein pendente lite on the 14th day of June, 1946, be and the same are hereby vacated and dissolved.'
A motion for new trial was made and denied.
Plaintiffs then appealed. Their assignments of error properly challenge the findings and decree of the trial court.
As alleged in appellants' complaint, and as stated in the majority opinion 'Local 104 is a voluntary association organized as a labor union, chartered by the International Brotherhood of Boilermakers, Iron Ship Builders and Helpers of America, which is also a voluntary association.' The International and its subordinate unions are governed by a constitution and by certain by-laws. I set out their pertinent portions, capitalizing their most important features, and underscoring those portions not mentioned in the majority opinion, as follows:
'Name, Authority and Location of International Lodge.
'Section 1. THIS ORGANIZATION SHALL BE KNOWN AS THE INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILDERS AND HELPERS OF AMERICA.
'Sec. 2. THE INTERNATIONAL BROTHERHOOD HAS FULL JURISDICTION OVER ALL SUBORDINATE AND DISTRICT LODGES AND IS THE HIGHEST TRIBUNAL OF THE INTERNATIONAL BROTHERHOOD.
'Power.
'Sec. 3. THE POWERS OF THE INTERNATIONAL BROTHERHOOD, WHILE IN SESSION, SHALL BE LEGISLATIVE, JUDICIAL AND EXECUTIVE.
'Officers.
'Sec. 4. The International Officers shall consist of an International President, Assistant International President, International Secretary-Treasurer, Editor and Manager of the Official Journal, and thirteen (13) International Vice- Presidents from the Boilermakers, Iron Ship Builders, Welders and Helpers, two (2) of whom shall be from Canada.
'Executive and Judicial Authority.
'Sec. 5. THE EXECUTIVE AND JUDICIAL POWERS ONLY, OF THE INTERNATIONAL BROTHERHOOD WHEN NOT IN SESSION, SHALL BE VESTED IN AN INTERNATIONAL EXECUTIVE COUNCIL OF THE INTERNATIONAL BROTHERHOOD, WHICH SHALL CONSIST OF THE INTERNATIONAL PRESIDENT, ASISTANT INTERNATIONAL PRESIDENT AND ALL OF THE INTERNATIONAL VICE-PRESIDENTS.
* * *
* * *
'Supervision and Meetings of Executive Council
'Sec. 7. The International Executive Council shall have supervision over the Order when the International Brotherhood is not in session. Its meetings shall be held annually, unless conditions warrant special meetings. THEY SHALL HAVE THE POWER TO PASS ON ANY SUBJECT, PROPOSITION OR GRIEVANCE, HEAR AND DETERMINE ALL CASES OF APPEAL FROM THE DECISIONS AND RULINGS OF THE SUBORDINATE LODGES, OR AGAINST ANY OFFICER OF THIS INTERNATIONAL BROTHERHOOD OR APPOINTED OFFICER, AND ALL DECISIONS OF THE EXECUTIVE COUNCIL SHALL BE FINAL AND IN FULL FORCE UNTIL REVERSED BY THE INTERNATIONAL BROTHERHOOD IN CONVENTION ASSEMBLED.
'Adjustment of Grievances
'Sec. 8. WITH THE CONSTITUTION AS ITS GUIDE THE INTERNATIONAL EXECUTIVE COUNCIL SHALL HEAR AND DETERMINE ALL GRIEVANCES REFERRED TO IT, RECOMMEND A REMEDY OR ADJUST THE SAME AS THE GRAVITY OF THE CASE MAY REQUIRE.
* * *
* * *
'Conventions.
'Section 1. Conventions of this International Brotherhood shall be held every four (4) years, the first Tuesday in September to be the date for the convening of the convention, unless otherwise changed by referendum vote.
* * *
* * *
'Duties of International Officers.
'President.
'Section 1. The International President shall countersign all orders for payment of money. HE SHALL BE EMPOWERED TO SUSPEND SUBORDINATE LODGE MEETINGS, APPOINT OFFICERS PRO-TEM OF BOTH THE INTERNATIONAL BROTHERHOOD AND OF SUBORDINATE LODGES AND ALL COMMITTEES NOT OTHERWISE PROVIDED FOR, including governing boards for Subordinate Lodges whose meetings may have been suspended. He shall be empowered to deputize any member of the Order in good standing to perform any of the duties of his office which time and distance may prevent him from doing personally. HE SHALL HAVE THE DIRECTION AND SUPERVISION OF ALL SUBORDINATE AND DISTRICT LODGES, AND BE EMPOWERED TO SUSPEND THEIR INDIVIDUAL MEMBERS, OFFICERS OR LODGES WHEN, IN HIS JUDGMENT, THE ACTIONS OF SUCH MEMBER, OFFICER OR LODGE ARE IN VIOLATION OF THE INTERNATIONAL CONSTITUTION OR THE SUBORDINATE LODGE CONSTITUTION, OR ARE IN VIOLATION OF THE DECLARED POLICIES OF OUR INTERNATIONAL BROTHERHOOD.
* * *
* * *
'Sec. 6. The International President shall have the full control of the work of organization and shall assign International Vice-Presidents to any section under the jurisdiction of the Order, to transact any business that may be assigned to them; being empowered to appoint International or District Representatives in such localities and for such term and duties as he may designate.
Sec. 9. THE INTERNATIONAL PRESIDENT MAY HEAR AND DECIDE ALL QUESTIONS OF CONSTITUTIONAL LAW SUBMITTED TO HIM BY SUBORDINATE AND DISTRICT LODGES, AND ALL DECISIONS SHALL BE BINDING UNTIL FINALLY PASSED ON BY THE INTERNATIONAL EXECUTIVE COUNCIL OR INTERNATIONAL CONVENTION.
'Emergency Council Session.
* * *
* * *
'SUBORDINATE LODGE CONSTITUTION.
* * *
* * *
'Officers and Their Duties.
* * *
* * *
'Duties of the Treasurer.
'Sec. 7. * * *
...
To continue reading
Request your trial
-
Tupper v. Tupper
...of personal jurisdiction after improper service. Tupper cites only Washington Local Lodge No. 104 v. International Brotherhood of Boilermakers , 28 Wash.2d 536, 544, 183 P.2d 504 (1947), 28 Wash.2d 536, 189 P.2d 648 (1948), which involves a failure to exhaust internal remedies for nonfinanc......
-
Price v. Farmers Insurance Company of Washington
...104 of Int'l Bhd. of Boilermakers v. International Bhd. of Boilermakers, 28 Wash.2d 536, 544, 183 P.2d 504 (1947), adhered to, 28 Wash.2d 536, 189 P.2d 648 (1948) (if a court has no jurisdiction of an action, the parties cannot by stipulation confer it upon the court); Miles v. Chinto Minin......
-
Ives v. Ramsden
...the issues properly before it, although an agreement may render erroneous the failure to stay the proceedings. See Wash. Local Lodge No. 104, 28 Wash.2d at 544, 189 P.2d 648; see also Mendez v. Palm Harbor Homes, Inc., 111 Wash.App. 446, 455-56, 45 P.3d 594 (2002). As we explain later, thes......
-
Harbert, In re
...P.2d 856, 156 P.2d 235 (1944); Washington Local Lodge No. 104 etc. v. International Brotherhood etc., 28 Wash.2d 536, 183 P.2d 504, 189 P.2d 648 (1947); Adams v. Walla Walla, 196 Wash. 268, 82 P.2d 584 (1938); In re Wesley v. Schneckloth, 55 Wash.2d 90, 346 P.2d 658 Counsel offered expert t......