LABOR LAW -ASSOCIATIONS - SUABILITY OF UNINCORPORATED LABOR UNION IN ACTION AT LAW FOR DAMAGES

Authors

Thomas E. Wilson, University of Michigan Law SchoolFollow

Abstract

Plaintiff sued defendant trade union, an unincorporated association, in its association name in a county court of North Carolina for damages arising out of its action in expelling him from the union, putting his name on a blacklist, and obtaining his discharge from employment. North Carolina had no enabling statute permitting suit against unincorporated associations in their association name. Service of process was obtained upon the local union's secretary-treasurer. Judgment for the plaintiff was taken by default, and plaintiff brought an action on the judgment in the District Court of the United States for the District of Columbia. The District Court gave judgment for the plaintiff, and the union appealed to the Court of Appeals for the District of Columbia. Held, that the union was properly sued in its association name as a legal entity, that service of process upon the secretary-treasurer of the local union was sufficient to give the North Carolina court jurisdiction over the union, and therefore that the resulting judgment was entitled to full faith and credit. Operative Plasterers' & Cement Finishers' International Assn. v. Case, (App. D. C. 1937) 93 F. (2d) 56.

Recommended Citation

Thomas E. Wilson, LABOR LAW -ASSOCIATIONS - SUABILITY OF UNINCORPORATED LABOR UNION IN ACTION AT LAW FOR DAMAGES, 37 Mich. L. Rev. 141 (1938).
Available at: https://repository.law.umich.edu/mlr/vol37/iss1/16