Zaat v. Building Trades Council

• Decision Date: 04 April 1933
• Docket Number: 24195.
• Citation: 20 P.2d 589,172 Wash. 445
• Parties: ZAAT v. BUILDING TRADES COUNCIL et al.
• Court: Washington Supreme Court

20 P.2d 589

172 Wash. 445

ZAAT v. BUILDING TRADES COUNCIL et al.

No. 24195.

Supreme Court of Washington

April 4, 1933

Department 2.

Appeal from Superior Court, Snohomish County; Guy C. Alston, Judge.

Action by G. P. Zaat against the Building Trades Council and others. From judgment for defendants, plaintiff appeals.

Affirmed.

Clarence J. Coleman, of Everett, for appellant.

Black &amp Rucker, of Everett, for respondents.

BEALS, Chief Justice.

In his complaint plaintiff alleged that he was the proprietor of a plumbing and heating business in the city of Everett; that he had complied with all the lawful rules and regulations concerning the installation of heating plants; that he was fully qualified to himself perform work and labor in the installation of such appliances; and that in the course of his business he himself performed labor in connection with the filling of his contracts. Plaintiff further alleged that the defendant Everett Central Labor Council was the managing organization of the various labor unions in the city of Everett; that the Building Trades Council is a subdivision thereof, including all unions connected with building construction; that Plumbers' Local No. 265 was the association of union plumbers in the city of Everett; and that the individual defendants were officers of the different associations above referred to. Plaintiff further alleged that the local plumbers' union had adopted a rule forbidding any employer, although qualified under the law, as was plaintiff, to himself perform any work in the installation of heating plants; and that as the result of plaintiff's refusal to observe this rule the defendant Plumbers' Local had declared that plaintiff was unfair to organized labor, and had caused the other defendants to place plaintiff's name upon the unfair list. Plaintiff further alleged that the defendant associations publish in the city of Everett a newspaper known as the Labor Journal, and that they caused to be placed in the unfair list, as published in this newspaper, plaintiff's name; and that the defendants further declared that plaintiff was unfair to organized labor and threatened to boycott and place on the unfair list the company from whom plaintiff purchased furnaces and equipment which he used in the installation of heating plants for his patrons. Plaintiff further alleged that by the foregoing acts of defendants he had been damaged in the sum of $1,000, and that such acts would cause him further and irreparable damage unless defendants were restrained from continuing the course of conduct above outlined. Plaintiff prayed for judgment against defendants for the sum of $1,000; that they be permanently enjoined from continuing the publication of plaintiff's name on the unfair list in the Labor Journal; and that plaintiff have general relief.

To this complaint defendants interposed a general demurrer, which after argument, the trial court sustained. Plaintiff failing to file any amended complaint or proceed further in the matter, judgment was entered dismissing the action, from which judgment plaintiff appeals.

Appellant's assignments of error are all based upon the ruling of the trial court sustaining respondents' demurrer and the consequent dismissal of the action.

Appellant, of course, has the legal right to engage in the plumbing and heating business and also to himself work on the installation of appliances for his patrons; it appearing that he is qualified under state laws and local regulations to engage in such labor. On the other hand, the local plumbers' union has the right to formulate its own policies, to control its own menbership within lawful limits and to from time to time make such lawful public statement of its policies as it may see fit.

Unions are recognized by the statutes of this state.

'It shall be lawful for working men and women to organize themselves into, or carry on labor unions for the purpose of lessening the hours of labor or increasing the wages or...