Wilson v. District Council of Sheet Metal Workers

RICHARDS, J.

This is an appeal by the plaintiff in an action brought to recover from the defendants the sum of eight hundred dollars, alleged to be due as a death benefit payable to the plaintiff upon the death of her husband, by virtue of his membership in the two organizations made parties defendant in this action.

The facts are practically undisputed and may be summarized as follows: Local Union No. 216 of the Amalgamated Sheet Metal Workers’ International Alliance is an unincorporated association of a number of craftsmen, and is, as its name indicates, a branch of the international organization, to whose general laws it is subject, and which has for its principal purpose the securing of those rights and advantages

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for its members for the better maintenance of which similar labor organizations are created. The defendant, District Council 'of Sheet Metal Workers of the state of California, is also an unincorporated association, called into being by the several local unions of the general order within a certain district, and having for its chief object the collection and payment of death benefits to the widows or other beneficiaries of deceased members of the several local unions comprising its membership within the designated district. By the rules and regulations of this district organization the funds from which its death benefits were to be paid were raised and repleted by means of assessments of the members of the local unions to the extent of one dollar for each member “in good standing,” and who had been such member “in good standing” for the period of six months prior to the death of the member for whose benefit the assessment was to be paid. The names of such members as were in good standing, and entitled to these benefits, were to be forwarded from time to time by the financial secretary of the local union to the secretary of the district council; upon the death of any member of the local union entitled to a death benefit the said financial secretary of the local union was to communicate with the secretary of the district council, stating that the deceased member was in good standing for the period of six consecutive months prior to his death, whereupon the treasurer of the district council was to forward to the said secretary of the local union the amount of the death benefit which was to be paid over to the widow or other beneficiaries of the deceased member.