137 N.Y.S. 380 | N.Y. Sup. Ct. | 1912
The questions upon which the trial court reserved decision on defendant’s motion for a new trial were, first, whether, conceding the unlawful expulsion of the plaintiff by the local union, the defendant, the national or parent organization was liable in damages, and in the second place, whether the verdict of the jury was excessive. The first question was discussed at some length on defendant’s motion to dismiss, made at the end of plaintiff’s case. It seems to me, on going over the testimony and the constitution and by-laws of the defendant and its local branch or union, that the relation of principal and agent existed between the national organization and the defendant. The plaintiff was a member of the defendant national organization. It was membership in the national organization which entitled him to recognition as a union man. The defendant acted through the local unions, but the constitution and laws show a direct and constant supervision-of the local unions by the defendant, especially with reference to membership, and the com
On the evidence in the case, the question whether plaintiff was lawfully expelled from the organization was for the jury. While the courts will not interfere in the internal management of these voluntary associations, still every member has the right to insist that he be accorded the rights and privileges guaranteed to him by the constitution and laws, and, if these are disregarded, to apply to the courts for redress. With the far-reaching powers granted to the organization over the individual members, for the common welfare, arise certain duties and obligations on its part. One of the most important rights possessed by the individual member in return for his allegiance to the union is the right to. a fair trial before he can be deprived of membership. The constitution and laws secure him this right, and its enforcement is of supreme importance to the individual member and to the organization as a whole. If this right to know the charges against him, to be confronted by his accusers, with an opportunity to defend himself, can be denied him arbitrarily; if he can be deprived of membership in the union by star chamber proceedings, without a hearing, then the organization, instead of being one of the most important agencies for the betterment of the laboring man, may become a most
On the question of damages, I am free to say that I think the verdict is liberal. And yet I hesitate to reduce it and to say that as matter of law it is excessive. Expulsion from the union deprived the plaintiff of his opportunity to obtain employment. Membership in the organization is of great advantage, if not essential, to the man seeking employment in the trade. While the nonunion plumber has the legal right to seek employment, we are informed from the evidence that by agreement, the master plumbers—• the employers—■ have bound themselves to engage none but union men. The expulsion was therefore a serious thing for this man. Whatever his shortcomings have been since his expulsion, and there was evidence that he had enlisted against his former associates, there was no suggestion that he was not faithful to his association prior to his expulsion. The alleged ground for expelling him seems to have little to support it, because he promptly obeyed the orders of his union as soon as he was properly notified of them. The jury heard his story of his experiences since, and I think their estimate of the damage must stand.
The motion for a new trial is, therefore, denied.
Motion denied.