United Slate Tile & Composition Roofers, Damp & Water Proof Workers Ass'n Local No. 80 v. United Brotherhood of Carpenters & Joiners of America

Collins, J., delivered the opinion of the Court. This is an appeal from a decree of Circuit Court No. 2 of Baltimore City sustaining demurrers and dismissing appellant’s third amended bill of complaint. It is the second time that this case has been here. This bill of complaint alleges in effect that the appellant is a voluntary unincorporated association formed to obtain employment for its members.

It is governed by an Executive Board of its members and is affiliated with and subject to the Constitution, By-Laws, Rules, and Regulations of organization set out therein, none of whom is made party to this suit. All of the organizations mentioned are subject to and affiliated with the American Federation of Labor. The appellees .are similar associations also formed to obtain employment for their members. They are likewise governed in the same manner as the appellant and are also subject to and affiliated with the American Federation of Labor.

None of those governing organizations is made party to this suit. Both the appellant and appellees are subject to the Building and Construction Trades Department Consti ³⁴ tution, Convention Rules and Regulations of the America:^ Federation of Labor. In the last two conventions of that organization held in October, 1941 and 1942, all the International Unions therewith affiliated were given specific Charter Grants pertaining to the jurisdiction of each International Union and their locals as to what types of work each should do. A dispute has arisen between the appellant and appellees as to the right of the appellant to lay certain types of roof.

Authority is given to the President of. the Building and Construction Trades Department, by virtue of the Constitution thereof, in case of such disputes to render a decision between the affiliated trades within thirty-six hours after notifying by telegraph the trades in conflict, on any particular job for the purpose of preventing any stoppage of work. He is then to refer his decision to a National Referee for the purpose of obtaining a decision which will be effective nationally, on all future work on the particular item upon which the decision was rendered. The bill further alleges that although the President of the Building and Construction Trades Department has rendered many decisions on the matters in dispute, in violation of the Charter Grants hereinbefore referred to, he has wilfully and deliberately, for the purpose of avoiding a final decision, .or refused and failed to give the thirty-six hour notice required, ,and to send any decision, he has made in the past three years or more, to the Referee for his ruling on all future laying of such roofs. By such refusal, in violation of their charter rights, the President aforesaid has wilfully, capriciously, unjustly, and fraudulently;, caused appellant the loss of work and earnings to which its members are rightfully entitled.

Contained in the bill of complaint are a list of many decisions made by the President in the past three years; much correspondence with the President; and an allegation that the appellees have deliberately taken contracts to which the appellant was entitled and have caused the ³⁵ breaking of contracts between the appellant and its sub-contractors. The appellant alleges that it has exhausted all of its remedies under the Constitution, By-Laws, Rules, Regulations, and National Plan for settling jurisdictional Disputes and under the Convention Rules of the Building and Construction Trades Department; the refusal of this Court to consider their appeal in the case of United Brotherhood of Carpenters et al v. United Slate Tile and Composition Roofers, 181 Md. 280, 282 , 29 A. 2d 839 , for the reason that the case was then moot; that the same condition is apt to happen in a contest on any present or future job; unless this Court interferes to disclose the rights of the parties, the appellant will be without relief; that the President of the Building and Construction Trades Department of the American Federation of Labor is a non-resident of the State of Maryland and a dispensable party; and further that irreparable loss will be sustained and the appellant is without relief unless and until the Court assumes jurisdiction. The relief asked is that a declaratory decree be passed declaring the appellant the right to lay certain types of roofs under the Constitution, Rules, By-Laws, and Charter Grants of the