Sisler v. DuBourg

Headnote

Labor unions — when members of executive board of local union restrained from interfering with employment of member of another local within their jurisdiction and held answerable in damages therefor.

Sisler v. DuBourg, 199 App. Div. 916 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 28, 1921, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The complaint alleged that plaintiff was a member in good standing of Local Union No. 164 of Jersey City, International Brotherhood of Electrical Workers and that defendants, appellants, constituted the executive board of Local Union No. 3 of New York city of said brotherhood and that while working at his trade within the jurisdiction of said local No. 3 he was twice by order of the defendants, appellants, discharged from his employment and prevented from continuing therein and earning his livelihood. The judgment restrained and enjoined all the defendants, appellants, from in any wise interfering with the plaintiff obtaining employment in the jurisdiction of Local Union No. 3 of the International Brotherhood of Electrical Workers as defined in the constitution and by-laws of

said International Brotherhood of Electrical Workers, and the constitution and by-laws of the said Local Union No. 3, either personally or otherwise, or through any other persons acting under their command and instructions as agents, servants and employees, and also provided that the plaintiff recover from all the defendants, appellants, damages in the sum of $600.