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COMMUNICATIONS WORKERS OF AMERICA, LOCAL 10517 v. MARGARET GANN

APRIL 22, 1987

COMMUNICATIONS WORKERS OF AMERICA, LOCAL 10517
v.
MARGARET GANN, ET AL.



EN BANC

HAWKINS, PRESIDING JUSTICE, FOR THE COURT:

This case is before us on consolidated appeal by the Communications Workers of America, Local 10517, an unincorporated association, from judgments of the Lee County Circuit Court dismissing separate complaints it had against Margaret Gann, Bobby Lee Jones, Stephen W. Brown, Sandra Johnson, Jacqueline Henderson, Jerry T. Loden, Anita Hope Hilliard, Russell Pardin, Jan M. Hunt, Wanda Bailey and Mac Evans. CWA is a local union whose members were employed in the Bell Telephone System during a work stoppage.

The defendants were union members who continued to work during a strike.

 The union levied fines against each of them, and depending upon the fine levied - sought to recover from each defendant in either a justice court or circuit court of Lee County. The justice court judgments were all appealed to the circuit court.

 Based upon our decision in Multiple Listing Service, Etc. v. Century 21, 390 So. 2d 982 (Miss. 1980), the circuit judge dismissed all complaints. We affirm.

 FACTS

 During a work stoppage apparently ordered by the union, the defendants Margaret Gann, Bobby Lee Jones, Stephen W. Brown, Sandra Johnson, Jacqueline Henderson, Jerry T. Loden, Anita Hope Hilliard, Russell Pardin, Jan M. Hunt, Wanda Bailey and Mac Evans, South Central Bell employees, continued to work. The union conducted a hearing as to each, and levied fines ranging from $225 to $1,600 against the defendants. The union then sought to recover the fines in court.

 The complaint filed against each defendant in court stated:

 III.

 The Plaintiff and Defendant entered into an agreement by which the Defendant promised to abide by the Constitution and By-laws of Communication Workers of America, Local 10517 and specifically agreed that he (she) would not cross a Communications Workers' picket line during an organized and authorized work stoppage and further agreed that if he (she) did he (she) could be fined by the Local under the Constitution and By-laws of the Local.

 The only" agreement "offered to support the charge that the defendants agreed that any" fine "levied by the Union could be collected in a lawsuit were the printed booklets of the constitution and by-laws of the union. Article XIX of the Union constitution in pertinent part reads:

 Article XIX Charges Against Members

 Section 1 - Specifications of Offenses - Locals

 Members may be fined, suspended or expelled by Locals in the manner provided in the Constitution for ...


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