Jost v. Communications Workers of America

13 Cal.App.3d 7 (1970) 91 Cal. Rptr. 722 VIRGINIA M. JOST, Plaintiff, Cross-defendant and Respondent,

v.

COMMUNICATIONS WORKERS OF AMERICA, LOCAL 9408, Defendant, Cross-complainant and Appellant.

Docket No. 239. Court of Appeals of California, Appellate Department, Superior Court, Fresno.

November 17, 1970. [8] COUNSEL

Duane W. Anderson for Defendant, Cross-complainant and Appellant.

A.A. George for Plaintiff, Cross-defendant and Respondent.

OPINION

MEYERS, J.

On April 18, 1968, Communications Workers of America, Local 9408 went on strike against Pacific Telephone and Telegraph Company and established its picket line. Virginia M. Jost was then a member of the union and employed by Pacific Telephone and Telegraph Company. During the strike, the plaintiff crossed the picket line and worked for her employer without union authorization.

[9] Pursuant to the provisions of the union constitution, charges were filed against the plaintiff and she was found guilty of violating Article XIX, Section 1(e). She was fined $299. The procedure prescribed by the union constitution was followed and no issue is raised of procedural due process.

Communications Workers of America, AFL-CIO CLC Constitution, section 19, provides in part as follows: "Section 1. Members may be fined, suspended or expelled by locals in the manner provided in the Constitution for any of the following acts: (e) working without proper Union authorization during the period of a properly approved strike in or for an establishment which is being struck by the Union or Local."

Virginia Jost, hereinafter referred to as plaintiff, refused to pay the fine and Communications Workers of America, Local 9408, hereinafter referred to as defendant, filed an action in small claims court. Plaintiff countered with a suit for damages in the municipal court, alleging that she, "had never signed the Constitution of the defendant Communications Workers of America, and does not have information as to the requirements or context of the Constitution and/or By-Laws of the defendant organization." She further alleges that the fine was illegal and without consideration, and that the defendant's action to enforce it caused her damages. To this municipal court complaint, the defendant filed a cross-complaint for the amount of the fine. Judgment was against the plaintiff on the complaint, and against the defendant on the cross-complaint. Only the defendant appeals from the judgment.