Jacobs

Plaintiff David J. Jacobs filed this action against defendant union, his former employer, to recover unpaid wages and punitive damages under Labor Code section 203. Partial summary judgment granted Jacobs on July 25, 1973, ordered that he recover $8,297.28 from the union in severance pay. On September 25, 1973, the court dismissed the punitive damage issue from the case with prejudice on Jacobs’ motion and then entered complete and final summary judgment in his favor. It later denied the union’s motion for new trial. The union appeals from the entire judgment, including the partial summary judgment merged therein.

Although Jacobs was in fact a member of the union at all times material to this case (stipulation at motion for new trial), he filed his “Complaint for Wages” alleging simply that he had been employed by the union as an organizer, a salaried employee, continuously for 20 years, during which time he had not received compensation for unused sick leave or for overtime work. His complaint set forth the following resolution adopted by Union’s membership in 1970:

Jacobs’ complaint further alleged he severed his employment with the union by retiring on January 19,…