Gordon W. Cooke v. Orange Belt District Council of Painters No. 48, an Unincorporated Association and Labor Organization, (Two Cases)

Plaintiff Cooke brought suit against the defendant unincorporated labor organization (the “District Council”) and alleged violations of several sections of the Labor-Management Reporting and Disclosure Act, 29 U.S.C. § 401 et seq. (the “Act”). In brief, Cooke contends that the District Council violated the Act by wrongfully transferring his job location to El Centro, California in retaliation for his support of a losing union candidate.

Cooke prayed for injunctive relief restoring him to his former jobsite, Riverside, California, and for punitive and compensatory damages. A hearing was held concerning only the liability aspect of the case. On April 1, 1974, the trial judge, after securing a waiver of findings of fact and conclusions of law from both parties, entered an injunction requiring the union to restore Cooke to his former jobsite. On July 26, 1974, the judge modified the injunction to prevent the union from ousting Cooke from his job pursuant to intra-union disciplinary proceedings. On August 13, 1974, the damage phase of the trial was held and the judge awarded Cooke compensatory damages, punitive damages and attorney fees. Thereafter on August 27, 1974 the…