Crimmins

Plaintiff, as business agent of Local 13-433 CIO-IWA, brought this action for damages on behalf of all of the members of the union and on his own behalf, against defendant Ralph L. Smith Lumber Company and *407 certain of its agents for breach of a collective bargaining agreement. Defendants’ demurrer to the second amended complaint, as amended, was sustained without leave to amend upon counsel’s statement that no further amendment would be filed, and a judgment of dismissal was thereafter entered.

The allegations of the second amended complaint, as amended, pertinent to the issues on appeal were that the union and the lumber company were parties to a collective bargaining agreement which in part provided, in Article IIA thereof, that:

The complaint further alleged that on October 18, 1954, Charles R. Hatfield was employed by defendant company as a choke setter, a position coming within the bargaining unit represented by the union; that on May 6, 1955, the union requested in writing that the company discharge Hatfield, but that it unlawfully refused said request; that on May 17, 1955, after a second request by the union, Hatfield was discharged; that defendants’ failure to…