Hodcarriers, Building & Common Laborers Local v. Miller

BROWN, P. J.

An intraunion controversy resulted in a judgment awarding cross-complainant John L. Miller $7,960.73 damages against the union and its officers, R. R. Richardson and Rudolph M. Moreno, for wrongfully removing him from office in the union, and punitive damages of $25 against Richardson and $50 against Moreno. The cross-defendants appeal.

Miller had been elected secretary-treasurer of the union for a term from January 13, 1961, to June 1, 1963. The union removed him from office August 10, 1962; six days later the union sued Miller in the superior court to enjoin him from remaining in office. Miller answered and cross-complained for damages for breach of contract and for conspiracy to induce a breach of contract. The $7,960.73 awarded Miller represented his salary for the balance of his term of office.

The issues at the trial, established by the pretrial order, concerned: (1) Whether Miller had exhausted his union remedies and rights of appeal; (2) whether the union had followed its constitutional procedures in convening and acting on the recommendations of the trial board; and (3) whether Miller had a fair union hearing, that is to say, whether he was “afforded those rudimentary rights which will give him a reasonable opportunity to defend against the charges made.”

(Cason

v.

Glass Bottle Blowers Assn.,

37 Cal.2d 134, 143 [231 P.2d 6, 21 A.L.R.2d 1387].) A determination of these issues would result in either an injunction against Miller’s holding office if his discharge were proper, or an award of damages to Miller for his wrongful discharge. We have read the entire transcript and record; it is clear that these issues remain the principal issues before us on appeal, although appellants have raised numerous other points for the first time, which, on review, do not require recognition in most instances. This continues to be a simple breach of contract question.

[394]

The trial court found: Miller was the duly elected secretary-treasurer of the union at a salary of $200 a week for a term ending in June 1963. On August 10, 1962, the union wrongfully removed him and breached his employment contract. Richardson and Moreno unlawfully and maliciously conspired to falsely accuse Miller of unfaithful conduct in order to have him expelled from office; Miller was charged with violating the union’s bylaws and constitution; the trial board was “packed” with Richardson’s and Moreno’s men; Miller was deprived of a fair and impartial hearing and was found guilty. Moreno, the local’s president, failed to allow the findings and decision of the trial board to be submitted to the general membership for vote at the next regular meeting. Miller instituted proper appeal proceedings to the parent body, the International Union. A hearing was held, but the international refused to act on the appeal or to make any decision or determination. Miller followed all procedures and exhausted all of his remedies within union requirements. All the malicious acts of Richardson and Moreno were done by them within the scope of their employment and agency and on behalf of the union.