Laborers' International Union of North America v. Rayburn Crane Service, Inc.

559 So. 2d 1219, 1990 Fla. App. LEXIS 1883, 1990 WL 31718
CourtDistrict Court of Appeal of Florida
DecidedMarch 23, 1990
DocketNo. 89-00020
StatusPublished
Cited by1 cases

This text of 559 So. 2d 1219 (Laborers' International Union of North America v. Rayburn Crane Service, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Laborers' International Union of North America v. Rayburn Crane Service, Inc., 559 So. 2d 1219, 1990 Fla. App. LEXIS 1883, 1990 WL 31718 (Fla. Ct. App. 1990).

Opinions

SCHOONOVER, Judge.

The appellants, Laborers’ International Union of North America (International), and Laborers’ International Union of North America, Local No. 1240 (Local 1240), challenge a final judgment rendered against them and two individuals. We find that the trial court erred by not directing a verdict in favor of International and, accordingly, reverse the judgment entered against it. We find no error in the judgment entered against Local 1240 and, accordingly, affirm that judgment. The other two defendants in the trial court, Martin Walsh and Edward DiBene, have not appealed, and accordingly, the judgments entered against them are also affirmed.

Local 1240 is a labor union which has offices in Lakeland, Florida. International is the parent union, and all members of Local 1240 are automatically members of International. Local 1240’s jurisdiction extends to Marco Island which is in Collier County. Prior to the incident which gave rise to this action, Local 1240’s assistant business manager (more properly referred to as a field representative), Gerald Walsh, was attempting to negotiate a union contract with a large open shop contractor, Boran Craig Schreck, of Naples, Florida. During the month of March 1978, in furtherance of Gerald Walsh’s efforts to obtain the contract, a picket line was established at the Caxambas Towers project being constructed by Boran Craig Schreck on. Marco Island. About ten days prior to the incident in question, Gerald Walsh met with the owner of Allied Cranes Services, whose operators were members of the Operating Engineers’ Union. Martin Walsh, a member of the union and a defendant in the trial court, was present at that meeting and stated that he would assure the integrity of the picket line and would burn or blowup anybody that came across the line. Gerald Walsh also went to the offices of the Operating Engineers’ Union in Fort Lauderdale, Florida, and negotiated an agreement with that union whereby Local 1240 would respect an Operating Engineers’ picket line at a different site if the [1221]*1221Caxambas Towers picket line would not be crossed by the engineers. Martin Walsh and Edward DiBene, also a defendant and a member of the union, accompanied Gerald Walsh to Fort Lauderdale but did not participate in the negotiations concerning the agreement.

In accordance with the above agreements, Allied Crane Services removed their equipment from the project, and a short time later, appellee, Rayburn Crane Service, Inc., who had previously worked at the project for Boran Craig Schreck, agreed to return. At the conclusion of Rayburn’s first day back on the job, May 8, 1978, the cranes were removed from the project and taken fifteen or twenty miles to the home of the appellees, Charles W. Rayburn and Robbie L. Rayburn. That night the cranes were burned by Martin Walsh and Edward DiBene. The next morning they told the assistant business manager, Gerald Walsh, that they had burned the cranes. Gerald Walsh did not remove Martin Walsh from the picket line, but did report the information to local law enforcement officials. Martin Walsh was subsequently seen at the picket line giving instructions to the members of the picket line just as he had done prior to the arson. Gerald Walsh, after giving sworn testimony concerning the incident, left his family in Naples, Florida, and disappeared.

On May 7, 1982, two tort actions seeking compensatory and punitive damages were filed against International, Local 1240, Martin Walsh, and Martin DiBene. One of the actions was filed by appellee, Rayburn Crane Service, Inc., and the other by appel-lees, Charles W. Rayburn and Robbie L. Rayburn (all three appellees will be hereinafter referred to as the Rayburns). These actions were subsequently consolidated. Since Martin Walsh and Ed DiBene have not appealed, we will not discuss the complaints as they relate to them. Both complaints alleged that International and Local 1240 were liable for intentional and malicious destruction of property and for negligence. Mr. and Mrs. Rayburn’s complaint also contained a count for intentional infliction of mental distress on Mrs. Rayburn. Another count for negligent infliction of mental distress of Mrs. Rayburn was subsequently abandoned. The Rayburns alleged generally that Local 1240 was responsible for the damages sustained as a result of the arson because Martin Walsh and Edward DiBene were employees of Local 1240 acting on its instruction and that the local was negligent in its relationship with Martin Walsh because he had a history of violence. The Rayburns contended that International was responsible because they completely dominated and controlled Local 1240.

The matter proceeded to a jury trial on September 6, 1988. During the course of the trial, the Rayburns abandoned the negligence counts of their complaints and proceeded on the theory that the appellants were liable for the acts of Martin Walsh. The appellants’ motions for directed verdicts made at the close of the plaintiffs’ case and renewed at the close of all of the evidence were denied. The trial court did, however, rule that the plaintiffs had not established an entitlement to receive punitive damages from International and removed that question from the jury’s consideration.

The jury was asked to decide if the local union intentionally and maliciously destroyed property of Rayburn Crane Service, Inc. and Charles and Robbie Rayburn. It was instructed that a labor union is liable for the intentional and malicious destruction of property by members of the union if its members committed that act during the course of a labor activity, and if, (1) the act was authorized by the union through its officers or employees; (2) the act was participated in by the union through its officers, employees, or members; or (3) the union through its officers or employees or members ratifies the act.

In explaining this instruction, the jury was instructed that an act of a union member may be deemed authorized by an employee if the employee with authority or control over the member knows of the member’s intention to act and fails to do anything to prevent the member from acting. An act of a union member can be ratified by the union if the act is purported[1222]*1222ly done on the union’s behalf, if the union learned of the act soon after its commission, and the union failed to take any action that evidenced an intention to disassociate itself from the act.

At the conclusion of the trial, the jury returned a verdict finding everyone liable. The jury imposed compensatory and punitive damages against Martin Walsh, Edward DiBene, and Local 1240 and compensatory damages against International. This timely appeal followed.

I.

Local 1240 contends that the evidence presented to the jury was insufficient to support a finding that they were responsible for the actions of Martin Walsh and that the trial court therefore erred in denying its motion for directed verdict. We disagree. A Labor union or its membership may be held responsible, under general principles of agency law, for the common law torts of its officers or members committed during the course of a lawful strike, or other primary labor activities, if the union officers or members authorized, participated in, or ratified the tor-tious acts. International Union of Operating Engineers v. Long, 362 So.2d 987 (Fla. 3d DCA 1978). See also 36 A.L.R.3d 405 (1971); International Union of Operating Engineers, Local 675 v. Lassiter, 295 So.2d 634 (Fla. 4th DCA 1974), quashed on other grounds, 314 So.2d 761 (Fla.), reversed and remanded on other grounds, 325 So.2d 408 (Fla.

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Related

INTERN. UNION OF OPERATING ENGINEERS, LOCAL 675 v. Kinder
573 So. 2d 385 (District Court of Appeal of Florida, 1991)

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Bluebook (online)
559 So. 2d 1219, 1990 Fla. App. LEXIS 1883, 1990 WL 31718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laborers-international-union-of-north-america-v-rayburn-crane-service-fladistctapp-1990.