Gonzales v. International Ass'n of MacHinists

This is an appeal from a judgment based upon a jury verdict awarding respondent $18,000 damages for failure of appellants to restore respondent to union membership, and for mental pain, suffering, and humiliation, and from an order denying appellants' motion for judgment notwithstanding the verdict.

The litigation between the parties has a considerable history. The relevant facts are here briefly summarized. In the trial court, Gonzales was petitioner for the writ of mandate, and appellant unions were respondents there; on this appeal the unions are appellants and are hereafter referred to as such, and Gonzales is hereafter designated as respondent.

Respondent is a marine machinist and has worked at the trade since 1921. He is a member of appellant unions. In 1948 respondent began to have trouble with some of the union officials, and in November 1952 he was expelled from membership in the unions. In December 1952 respondent sought a writ of mandate, asking for restoration of his union membership, together with damages for his expulsion. After trial, the court issued a peremptory writ of mandate, directing appellants to restore respondent to his rights and privileges as a member…