Opinion
April 18, 1957.
May 27, 1957.
Unincorporated associations — Labor unions — Constitution and by-laws — Settlement of internal disputes — Procedure — Claim for breach of contract.
In this action of assumpsit by a former officer and business agent of the defendant labor union, seeking to recover damages for his allegedly wrongful discharge from his salaried position as a business agent, in which it appeared that the plaintiff had not followed the grievance procedure provided by the union's constitution; and there was no evidence that resorting to such remedies would have been futile, it was Held that (1) a compulsory nonsuit had properly been entered even though the plaintiff was seeking only damages instead of attempting to enforce membership rights, and (2) in view of the fact that the contract sued upon was between plaintiff and the union and there was no individual contractual liability between the plaintiff and the individual defendants a compulsory nonsuit had been properly entered as to them.
Before JONES, C. J., CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.
Appeal, No. 207, Jan. T., 1957, from order of Court of Common Pleas No. 4 of Philadelphia County, Sept. T., 1954, No. 1667, in case of William Binkowski v. Highway Truck Drivers and Helpers, Local 107 et al. Order affirmed.
Same case in court below: 8 Pa. D. C.2d 254.
Assumpsit. Before SLOANE, J.
Compulsory nonsuit entered; order entered dismissing plaintiff's motion to take off nonsuit. Plaintiff appealed.
Herbert K. Fisher, for appellant.
John Rogers Carroll, with him McBride, von Moschzisker Bradley, for appellee.
The order in this case denying the motion to take off the nonsuit entered at the trial is affirmed on the per curiam opinion of Court of Common Pleas No. 7 of Philadelphia County, reported at 8 Pa. D. C.2d 254.