Beach v. International Union, United Automobile, Aerospace & Agricultural Implement Workers

172 N.W.2d 901, 19 Mich. App. 560, 73 L.R.R.M. (BNA) 2207, 1969 Mich. App. LEXIS 993

• Court: Michigan Court of Appeals
• Decided: October 28, 1969
• Docket: Docket 6,143
• Status: Published

Opinion

Per Curiam.

Plaintiff, a member of the international and local union defendants, filed his complaint November 6, 1967. The action sought the following relief: to enjoin the unions from enforcing art 47, § 5, of the constitution of the international union against him, money damages for sums wrongfully withheld from plaintiff by defendants, a mandatory order requiring defendants to retract charges made against plaintiff in the union paper, and for money damages arising from an alleged libel with malice.

Defendants filed a motion under GCR 1963, 116, for an accelerated judgment of dismissal for the following reasons: the libel action was barred by the statute of limitations, plaintiff was bound by the determination of the international executive board of Ms union, and the court was without jurisdiction because the plaintiff had not exhausted his Union remedies. This motion was granted, plaintiff’s action was dismissed, and he appeals.

" The alleged libelous article was published May 26, 1965: Plaintiff’s right of action for libel accrued May 26, 1965, Grist v. The Upjohn Company (1965), 1 Mich App 72, and MCLA § 600.5827 (Stat Ann 1962 Rev § 27A.5827). The period of limitations for actions charging libel and slander is one year, MCLA § 600.5805(6) (Stat Ann 1962 Rev § 27A.5805[6]). The time during which plaintiff pursued union remedies does not toll the statute. MCLA § 600.5865 (Stat Ann 1962 Rev § 27A.5865). The libel action was barred by the statute of limitations.

At oral argument, plaintiff withdrew the other issues raised by this appeal on the basis they were moot.

Affirmed, with costs to defendants.