United Brotherhood of Carpenters & Joiners v. Moore

141 S.E.2d 729, 206 Va. 6, 1965 Va. LEXIS 161, 59 L.R.R.M. (BNA) 2216
CourtSupreme Court of Virginia
DecidedApril 26, 1965
DocketRecord No. 5886
StatusPublished
Cited by1 cases

This text of 141 S.E.2d 729 (United Brotherhood of Carpenters & Joiners v. Moore) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United Brotherhood of Carpenters & Joiners v. Moore, 141 S.E.2d 729, 206 Va. 6, 1965 Va. LEXIS 161, 59 L.R.R.M. (BNA) 2216 (Va. 1965).

Opinion

Snead, J.,

delivered the opinion of the court.

On January 9, 1963, C. P. Moore, plaintiff, instituted an action seeking a judgment for $7500 jointly and severally against United Brotherhood of Carpenters and Joiners of America, hereinafter called Brotherhood, and United Brotherhood of Carpenters and Joiners of [7]*7America, Local 2826, hereinafter referred to as Local union. The plaintiff alleged in his motion for judgment, among other things, that he was promised by the Brotherhood and the Local union that if he would engage in a strike against his employer, Universal Moulded Fiber Glass Corporation, hereinafter called Universal, the two labor organizations “would pay to and for him and on his behalf while on strike, all of his necessary bills and payments, including, but not exclusively, rent, food, clothing, house and car payments, utilities, recurring payments of small indebtedness contracted prior to said strike, small loans, reasonable wages for duty on a picket line to be established by defendants, and script for purchases of day to day groceries * *

The plaintiff further alleged that he relied upon such promises, left his employment, was on strike from April 11, 1962, until July 19, and fuUy performed all the duties required of him, but that the Brotherhood and the Local union failed and refused to perform “any of said promises, other than to pay a small part of the bills of plaintiff in the approximate amount of $105.00 and seven weeks’ grocery money.”

The Brotherhood filed its grounds of defense and also a demurrer which was overruled. The Local union failed to appear or plead to plaintiff’s motion. A trial was had and the Brotherhood’s motions to strike plaintiff’s evidence at the conclusion of plaintiff’s evidence and at the conclusion of all the evidence were overruled. The jury returned a verdict for plaintiff in the sum of $330. Whereupon, judgment was entered against the Local union, and a motion of the Brotherhood to set aside the verdict and enter judgment in its favor was taken under advisement. On January 8, 1964, the court overruled the motion and entered judgment for plaintiff against the Brotherhood in accordance with the verdict. We granted the Brotherhood a writ of error.

In its assignments of error the Brotherhood contends that the court erred (1) in overruling its demurrer; (2) in overruling its motions to strike plaintiff’s evidence; (3) in overruling its motion to set aside the verdict and enter final judgment on its behalf; (4) in giving and refusing certain instructions; and (5) in admitting certain testimony.

Since plaintiff is fortified with a jury verdict which bears the stamp of approval by the trial judge, he is entitled to have the evidence stated and considered in the light most favorable to him. Adams v. Allen, 202 Va. 941, 945, 121 S.E. 2d 364.

[8]*8The record discloses that the Brotherhood is a voluntary, unincorporated association and is a labor organization of international scope with its principal office in the city of Washington, D. C. The rights, powers, obligations and duties of the Brotherhood, the local unions, and the members inter se are controlled by a “Constitution and Laws”. This document is referred to as the “Bible” of the Brotherhood, and provides, among other things, that the general executive board of the Brotherhood has the power to sanction strikes by local unions and to render financial aid to the members of the local unions to the extent it deems adequate when a strike has been sanctioned. It also provides that the general president has the power to deputize a representative to proceed to the scene of the difficulty when a labor dispute arises to endeavor “to adjust the trouble by negotiation or arbitration”.

The plaintiff was a member of the Local union, an organization affiliated with and chartered by the Brotherhood, which was located in Bristol. The Local union was operating under a contract with Universal which was due to expire on March 31, 1962, and it was attempting to negotiate a new contract. As was its custom, it requested the Brotherhood to send down a representative to assist its negotiating committee in obtaining the contract, and the Brotherhood sent A. O. McKinney in compliance with the request.

McKinney had been to Bristol previously for the purpose of handling “some grievances”, and he had also helped the Local union negotiate other contracts. The plaintiff claims that McKinney was the alter ego of the president of the Brotherhood. His credentials card was signed by the general president of the Brotherhood and it stated that McKinney was his “representative”. McKinney’s duties included “organizing, negotiating contracts, settling grievances and arbitrations, handling arbitrations and so forth.” After his arrival in Bristol he participated in the negotiations between the Local union and Universal prior to the strike. He was in and out of Bristol until sometime after the strike had ended.

The members of the Local union held meetings from time to time at the union hall and discussed the progress of the negotiations. McKinney was present at some of these meetings, and he was questioned by members concerning the financial assistance they would receive from the Brotherhood in the event a strike was called. According to plaintiff, McKinney was present in the union hall on April 6, 1962. By that time a strike vote had already been taken by secret [9]*9ballot, and a majority of the members were in favor of striking, although plaintiff had voted not to strike. Plaintiff testified:

“A. On April 16 [6], Mr. McKinney and the negotiating committee come back and they had been in a meeting with the company, and Mr. McKinney said that the company took the attitude that they wasn’t going to do anything and we was going to have to come out on a strike to show them that we meant business.
* * # # # # #
“A. They [the members] asked Mr. McKinney who was going to take care of our bills, and Mr. McKinney said that the local, I mean the international had always took care of the members and they wasn’t a quitting now, that they would pay our bills.
*.«, JJ. M. W tv 'f?
“A. At that special meeting, Mr. McKinney said all of our bills would be paid.”

Plaintiff further testified that McKinney made it plain that “he was the boss of the thing”; that he would appoint a finance committee “to suit theirselves” for the purpose of disbursing the money to be received from the Brotherhood; “that he would take full responsibility of the money that come in and what was paid out”; that members “would be paid for walking the picket line”; that members were to turn in their bills to the committee, and that all bills would be paid. He also testified that the promise to pay the bills was made before the strike commenced and was renewed several times thereafter.

W. E. Beard, a member of the Local union, substantially corroborated plaintiff’s testimony. McKinney denied making the alleged agreement or promises, and other witnesses who were present at the meetings said they never heard such promises made.

Pursuant to the “Constitution and Laws” and with the assistance of McKinney, the Local union filled out and mailed a schedule of inquiries, dated March 30, 1962, to the headquarters of the Brotherhood requesting strike benefits.

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141 S.E.2d 729, 206 Va. 6, 1965 Va. LEXIS 161, 59 L.R.R.M. (BNA) 2216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-brotherhood-of-carpenters-joiners-v-moore-va-1965.