[DOWNLOAD] "Agrippino Et Al. v. Perrotti Et Al." by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: Agrippino Et Al. v. Perrotti Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 22, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
CROSBY, J. This is a bill in equity brought by certain members of Local 49 (herein referred to as the Local) of the International Hod Carriers, Building and Common Laborers Union of America (herein referred to as the International) against the officers of the local union. The prayers of the bill are for a temporary order restraining the defendants from collecting or attempting to collect $1 a month dues, and for a permanent injunction to the same effect until appropriate action is taken by the Local. The bill also seeks to compel the president of the Local to call and hold regular meetings of the members; and to restrain the defendants from suspending any members of the Local who tender dues at the rate of forty cents a month. The case was heard by a Judge of the superior court who made certain findings, rulings, and an order for decree. In accordance therewith a final decree was entered enjoining the defendants from attempting to collect dues at the rate of $1 a month 'until and unless at a regular meeting of the Local there shall be a vote of the members to that effect,' and further enjoining them from interfering in any way with the holding of the regular bimonthly meetings of the Local as provided in its constitution and by-laws. From this decree the defendants appealed. The Local and the International are voluntary associations. The trouble between the parties from which this suit arises is due to a dispute over the action of the officers of the Local in attempting to collect monthly dues at the rate of $1 instead of forty cents. By a communication dated November 22, 1928, directed to the secretary of the Local from the 'District Council of Boston and vicinity of the International,' the former were notified that 'The dues of the locals affiliated with this Council shall not be less than one dollar, starting in effect January 1, 1929.' A vote to that effect had been passed by the council on November 20, 1928. A similar communication was sent by the council to all locals affiliated with it in Boston and vicinity. The matter thereafter was discussed at three meetings of the Local, the officers including the three defendants favoring the increase and a large majority of the members opposing it. At the last of these meetings, held on January 13, 1929, there was prolonged Discussion, the meeting became disorderly, the members refusing to permit the president of the council to speak, and the defendant Perrotti finally declared the meeting adjourned. No meeting has been held since that time, and no vote has been passed by the Local changing the dues. The financial secretary of the Local has demanded payment from the members at the rate of $1 a month and has refused to accept forty cents a month. The defendants contend that the bill should be dismissed on the ground that the plaintiffs have failed to exhaust their remedies within the organization.