Martin v. United Slate, Tile & Composition Roofers, Damp & Waterproof Workers' Ass'n

Markell, J., delivered the opinion of the Court. This is an appeal from a decree dismissing, on demurrer, a bill against United Slate, Tile and Composition Roofers, Damp and Waterproof Workers’ Association, an International labor union, and Local Union No. 80, filed by plaintiff, individually and as business agent, secretary-treasurer /and recording and financial ¡secretary of the Local, (formerly the holder of every office except that of president), to require defendants to re ⁴³² instate him to membership in both unions and to the offices in the Local from which he was suspended and expelled, and pay damages sustained by him, to declare the constitution of the International adopted in 1946 null and void, and for other relief as to internal relations or affairs of the International and the Local. If plaintiff was lawfully expelled from office in the Local and membership in both the Local and the International, manifestly he has no standing to ask relief as to any present relations or affairs of either union. Both unions are unincorporated associations.

Local Union No. 80 was organized (plaintiff says, by him) in 1935. A charter was issued to it by International. From 1935 until 1947 plaintiff held the offices mentioned. On March 4, 1947 his salary was $75 per week.

A constitution and by-laws of International were adopted in 1919, and amended or new constitutions and by-laws were in force or adopted in 1929 and 1942. At the “Tenth Biennial Convention” of International in 1946 a new constitution and by-laws were adopted — plaintiff says, unlawfully. The convention is the constituent body of International. It is composed of officers of International and delegates from the Locals.

The previous constitution in force until October 1, 1946 imposed no limitation on the power of International to amend or adopt a constitution or take any other action by a majority vote at the convention. The 1946 constitution provided, among other things, that the president, vice-president and secretary-treasurer of International shall constitute its Executive Board (Art. 5, sec. 8) ; the Executive Board “shall have original jurisdiction to try members * * * for all offenses committed against * * * International * * appeals from decisions of the Board shall be taken to the next convention; “the basis for charges against members * * * for which he * * * shall stand trial, shall * * * consist of * * * (4) gross disloyalty or conduct unbecoming a member, (5) if an officer, gross inefficiency which hinders or impairs the interests of the local union or of * * * In ⁴³³ ternational * * * (11) activities which tend to bring the local unions or * * * International * * * into disrepute” (Art. 9, sec. 5) ; “decisions and penalties may consist of * * * suspension, expulsion, * * *” (Art. 9, sec. 6) ; “* * * no interested party shall sit as a member of any trial board; no member or officer shall be tried unless * * * served * * * with a written copy of such charges specifying the matter of the offense of which he be accused; thereupon the accused shall be required to stand trial at the time and place designated, which shall be not less than ten days from the date the charges are served * * *; the accused may appear in person, and with witnesses, to answer the charges. * * * If the charges or any portion thereof are sustained, then the trial board shall render judgment and impose disciplinary action as provided for in this Constitution; * * * upon the filing of such charges, and if the same are of such magnitude and seriousness as to jeopardize the interest of the local union and * * * International * * *, then and in that event the International President may, if he deems it advisable immediately suspend such member or officer until a decision has been reached in the case” (Art. 9, sec. 1) ; “every accused, against whom charges have been preferred and disciplinary action taken as a result thereof, shall be obliged to exhaust all the remedies provided for herein before resorting to any other court or tribunal”. (Art. 9, sec. 8). On February 12, 1947 the property owned by Local No. 80 was raided by the Baltimore police, and plaintiff and others were arrested for violating the laws against bookmaking, with attendant newspaper publicity, e. g., a heading “Six Arrested In Raid On Union Hall”, referring to plaintiff as “business representative” of Local No. 80.

Local No. 80 had its office on the first floor of the building. The second floor, where the bookmaking was conducted, was rented to a tenant. Plaintiff was indicted for violating the gambling laws and for assaulting Captain Emerson, who was in charge of the raid. On March 3, 1947 the accused were tried in the Criminal ⁴³⁴ Court, and plaintiff was found guilty of permitting bookmaking on the premises and fined $50.

The bill alleges that on March 4, 1947 the president of International, Charles D. Aquadro, “and the greater majority of the International Executive Board conducted themselves in such a manner as to be non-conducive to the best interests of Local No. 80, its members and specifically to [plaintiff], and furthermore watched and waited for the opportunity to present itself, whereby they could pounce upon [plaintiff] on the pretext of some small apparent infraction of the International rules”, and that the opportunity came when they were informed of the raid. On February 20, 1947, an International vice-president, Edward F. Hurley, was assigned by the president, Aquadro, to make an investigation in Baltimore. On March 3, 1947 Hurley made a report and charges to International. The charges preferred by Hurley against plaintiff were for violations of the above quoted provisions of Article 9, section 5(4), (5), and (11).

The Hurley report narrated the arrest and publicity (stating that plaintiff “thus brought * * * International * * * into disrepute and disgrace”) and the subsequent events, stating that plaintiff had been arrested and indicted “for operating a bookmaking establishment” and for assaulting and striking Captain Emerson and “was found guilty as charged”, and also stated that Local No. 80 was “in effect a one-man union, wholly operated by plaintiff, and the officers thereof do not carry on their proper functions as officers of the union, but are the pawns of” plaintiff. Hurley recommended “immediate and summary suspension” of plaintiff. On the same day the president authorized Hurley “to take over supervision” of Local No. 80. On March 4, 1947 the president telegraphed plaintiff, stating that charges had been filed against plaintiff, that “in view of the magnitude and seriousness of the charges” he was “of the opinion that they jeopardize the interest” of the local and International, and he therefore deemed it advisable to suspend plaintiff until a decision has been rendered in the case, ⁴³⁵ and that he had instructed Hurley “to take over and supervise the affairs of Local Union No. 80”, and directing plaintiff to turn over to Hurley all the funds of the Local and documents relating to it.

On the same day Hurley demanded supervision, plaintiff refused, and International filed in the lower court a bill for injunction to prevent plaintiff from interfering with supervision and direction of the Local by International. An injunction was immediately granted upon the filing of a bond. On appeal from a refusal to dissolve this injunction, the order was reversed for failure to make the local a party, and the case was remanded with an opportunity to International to amend its bill so as to bring in the local union. Martin v. United Slate, Tile & Composition Roofers, Damp and Waterproof Workers Association, 189 Md. 383, 388 , 56 A. 2d 28 , decided December 11, 1947.

On remand International on January 20, 1948 filed such an amended bill, and a similar injunction was granted immediately. Plaintiff answered the amended bill on December 8, 1948. That case had not been set for hearing when the bill in the instant case was filed on March 29, 1949. A copy of the charges was sent to plaintiff by registered mail on March 4, 1947.

In the bill filed the same day by International against plaintiff the Hurley report and the charges were set out in full. As Judge Warnken remarks, plaintiff asked for no further particulars. On March 21, 1947 he was advised by registered letter that the International Executive Board would meet the week of July 28th, and the place of the hearing had been fixed, and he was asked to advise which day of four specified was most suitable to him; the letter further spoke of the method for presenting written evidence and briefs in the event he did not desire to be present in person at the hearing. No definite response having been received as to which date he preferred, he was on June 24, 1947 notified by mail that the hearing had been set for August 1, 1947 in the International offices at Chicago.

On the day set neither plaintiff nor anyone representing him ⁴³⁶ appeared, and he presented no written evidence or statements in his defense. The Board held that the president was justified in suspending plaintiff from office and that the charges had been amply sustained, and decided that plaintiff should “stand expelled” from the Local and International, but that no Local or member thereof should refuse to work “with or alongside of” plaintiff because of the fact that he is not a member. On August 27, 1947 a copy of the decision of the Board was sent by mail to plaintiff. On September 25, 1947 he by letter appealed his case to the convention to be held in September, 1948.

He did not attend the convention. The convention ratified his expulsion. At the hearing or “trial” before the Board the president, the secretary-treasurer and vice-president Hurley “were disqualified from sitting * * * because of their interest in the case as witnesses”. Another vice-presi-dent “asked to be excused from participating in the case because of his knowledge of the facts”.

Seven other vice-presidents constituted the Board which heard and decided the case. The evidence before the Board is not before us; the decision is, as an exhibit with the bill. In the decision the Board said, “We regret sincerely that he [plaintiff] did not see fit to be present, or to present written testimony on his behalf. * * * We do not take our task lightly, and we hesitate to use the power granted to us under the Constitution and By-laws of your organization. Such powers should be exercised only under the clearest circumstances.

The evidence presented is of such a nature. It is damning, and we would have preferred to hear Martin’s explanations before coming to this decision. The evidence consists of many items, * * The Board discussed the evidence as to the facts stated in the Hurley report and also, concisely but with particularity, certain borrowings of money by the local from an employer, with whom it should “deal at arm’s length”, and several misappropriations of sums ranging from $15 to $1400, which apparently amounted to embezzlement. Regarding the borrowings the Board said, ⁴³⁷ “The implications so far as the Union is concerned are as serious as anything Joseph Martin did.” Though these pecuniary transactions might have been made the basis of separate charges, they are each pertinent to the original charges.

If plaintiff was surprised at any of the facts stated in the decision, he did not say so and has not specifically denied any of them. The bill covers 24 printed pages, exclusive of voluminous exhibits, none of which has been printed in full, most of them not at all, in this court. It is meager in facts, but abounds in rhetorical denunciation of International’s officers and their acts. The 1946 constitution and by-laws “are illegal, null and void”,