Hodcarriers, Building & Common Laborers Local v. Miller

An intraunion controversy resulted in a judgment awarding cross-complainant John L. Miller $7,960.73 damages against the union and its officers, R. R. Richardson and Rudolph M. Moreno, for wrongfully removing him from office in the union, and punitive damages of $25 against Richardson and $50 against Moreno. The cross-defendants appeal.

Miller had been elected secretary-treasurer of the union for a term from January 13, 1961, to June 1, 1963. The union removed him from office August 10, 1962; six days later the union sued Miller in the superior court to enjoin him from remaining in office. Miller answered and cross-complained for damages for breach of contract and for conspiracy to induce a breach of contract. The $7,960.73 awarded Miller represented his salary for the balance of his term of office.

The issues at the trial, established by the pretrial order, concerned: (1) Whether Miller had exhausted his union remedies and rights of appeal; (2) whether the union had followed its constitutional procedures in convening and acting on the recommendations of the trial board; and (3) whether Miller had a fair union hearing, that is to say, whether he was “afforded those rudimentary…