DE MILLE v. AMERICAN FEDERATION OF RADIO ARTISTS LOS ANGELES LOCAL (1946)

As a member of American Federation of Radio Artists, Los Angeles Local (hereinafter referred to as AFRA), which is an affiliate of the national organization bearing the same name (hereinafter referred to as National), plaintiff by the instant action sought to restrain both organizations and the board of directors of AFRA from suspending him for his refusal to pay a One Dollar assessment which the union levied against its membership for financing its campaign in opposition to the ‘Right of Employment Act’, an initiative measure appearing on the ballot in the State election of November 7, 1944, as ‘Proposition No. 12.’ A temporary restraining order and an order to show cause were duly issued and defendant union interposed a demurrer to the complaint, as amended, which was sustained without leave to amend. From the judgment dismissing the complaint, denying application for a preliminary injunction, dissolving the restraining order and discharging the order to show cause, plaintiff has perfected this appeal.

Appellant is a radio artist and for more than eight years immediately prior to December 7, 1944, the date on which the complaint herein was filed, had been engaged in the presentation of a radio program as the producer of the Lux Radio Theatre of the Air, under contract with the J. Walter Thompson Company, said program being broadcast over the Columbia Broadcasting System. For his services in connection with said program, appellant received a total remuneration of $98,200 per year. AFRA had organized and effected a closed shop in the radio profession subsequent to the commencement by appellant of said radio program, and, because he could not perform over the air without becoming a member of AFRA, he joined the group on February 13, 1939.

On August 16, 1944, appellant received a notice that by action of the board of directors of AFRA, each member thereof had been assessed $1 to finance the campaign in opposition to Proposition No. 12 to be submitted to the electorate at the election of November 7, 1944. This notice set forth reasons for the opposition of organized labor to said proposition and stated that failure to pay the assessment before September 1, 1944, would result in suspension. The complaint alleges that ‘immediately upon receipt of such notice, plaintiff notified AFRA that the action set forth in said notice was without any authority and that plaintiff was not obligated to and would not pay the One Dollar ($1.00) referred to as the assessment in said notice, and that plaintiff has not paid said One Dollar ($1.00).’ Because of nonpayment of the assessment, the officers of AFRA served a notice on appellant under date of November 21st calling attention to his delinquency in payment and reciting the contents of a resolution adopted by the board of directors to the effect that if any members were delinquent thirty days after November 1st, said board would determine any penalties, censures, suspensions or expulsions on account thereof; and on December 5th, appellant received notice that he would be automatically suspended on December 11th unless his delinquent payment had been made prior to that date.

Proposition No. 12, to which reference has heretofore been made, provided that: ‘Every person has the right to work and to seek, obtain and hold employment, without interference with or impairment or abridgment of said right because he does or does not belong to or pay money to a labor organization.’

The official bulletin of AFRA published in July, 1944, which was mailed to the entire membership, including appellant, contained the following announcement:

‘Membership meeting of AFRA will be held Monday, July 17th, at 8:30 P.M. at Studio 2 at CBS. On the Agenda there will be an explanation by Mr. Gene Kelly of the erroneously termed ‘Right of Employment’ Bill. * * *

‘The ‘Right of Employment’ Bill, if passed in the Fall Elections, will sound the death knell to Labor. This innocent-sounding bill has been so presented to the public that over 180,000 signatures appeared on the petition to have it placed on the ballot. This means that as members of Organized Labor we must do everything in our power to educate the public to undoing the harm they have set in motion, in many cases quite ignorantly, to the very people they thought they were helping. * * * A program is being mapped out which will call for vigorous action by all of us whose present standards of living are plainly at stake. * * *.'

Appellant claimed in the trial court, as he does here, that respondents had no authority to levy the assessment; had no authority to levy any assessment for the stated purpose, and that the procedure to suspend him was contrary to and did not conform to the Constitution and By-Laws of AFRA. Appellant also asserts that by respondents' acts his constitutional rights to suffrage, free speech, life, liberty and the pursuit of happiness were invaded; that he was compelled to pay a tax for the exercise of his constitutional right to work, and that section 251 of 2 U.S.C.A., the Corrupt Practices Act of the United States was violated.

As hereinbefore stated, respondent is an open union which admits to membership all persons desiring to work as performers in the radio entertainment industry. Its organic law is set forth in the articles of agreement and constitution of National, and in the articles of agreement, constitution and by-laws of AFRA, by the terms of which each applicant, upon attainment of membership, is bound. Contrary to appellant's contention, the articles of agreement may be consulted for an explanation of the aims and objects sought to be effected by the respective constitutions. The articles of agreement of AFRA are to the effect that ‘We, the undersigned, * * * constitute ourselves a voluntary association * * * to advance, protect,’ etc., all those connected with radio performances, agree that AFRA its present members, ‘the undersigned,’ and persons hereafter becoming members, are to be governed by the constitutions and by-laws and all lawful rules of the National and that ‘the same shall be binding upon us and all subsequent members of this Local.’ The articles of agreement of National is substantially in the same form and recites the additional purpose ‘to secure proper legislation upon matters affecting’ the professions of the various members.

Section 1, Article XI of National's constitution provides that initiation fees, dues and assessments shall be fixed by the locals for all members thereof, subject to approval of the National board of directors. This is a direct grant of power to the locals, including AFRA, to levy assessments. Article V provides that no person shall become a member of National or any Local unless he shall sign an application substantially providing that ‘he agrees to be bound by the respective Constitutions of the Association and Local * * * and by any By-Laws, rules, regulations and orders existing or thereafter lawfully enacted pursuant to such Constitutions and any amendments thereto.’ Section 5 of Article VIII, provides, among other things: ‘Subject to the provisions of the Charter and Constitution granted by the Association, and of this Constitution, each Local shall be autonomous and shall manage and govern its own affairs within the territory of its jurisdiction.’

The constitution of AFRA, section 1, Article V, provides practically the same terms of membership as found in the constitution of National. Section 2, Article V, exempts honorary members but no others, from payment of dues and assessments. Article IX provides that matters not covered by the constitution and which are contained in the by-laws shall have equal force and effect with the constitution, that Local Boards shall have power to make rules supplementing the constitution and by-laws regarding all matters not covered by them, and that all lawful rules and orders made by the Local Board shall be binding upon each member from the time when lawfully made or given. By section 4, Article II, by-laws of AFRA, the Local Board is authorized to adopt rules supplementing the constitution and by-laws and covering matters not contained therein, such rules to have equal force and effect with the constitution and by-laws.

Under the power and authority given by the foregoing, the board of directors of AFRA did not exceed its power in levying the assessment herein questioned.

Even though the dangers to AFRA implicit in Proposition No. 12 were debatable, AFRA was convinced of their reality and acted upon that conviction. And to say that AFRA could not legally contribute funds raised by assessment to oppose the proposition and that therefore the assessment was invalid, is to deny to organized labor the right to defend itself from attack.

Appellant points out that when he was first notified on August 16, 1944, that the assessment had been made, such action by AFRA had not been submitted to National for its approval as required by Article XII of the by-laws of AFRA. In this regard, the record discloses that National at its convention held on August 27, 1944, adopted a resolution condemning legislation of the character of Proposition No. 12 and undertaking to use all duly constitute means to defeat the same, and at a regular meeting of National held on October 26, 1944, its board of directors approved the assessment ‘levied by the Los Angeles Local membership and board on members of that local for a campaign fund to defeat California Proposition 12 which would outlaw the closed shop in California.’

By further action on December 11, 1944, said National board interpreted its constitution and particularly Article XI as self-executing and as authorizing AFRA to levy assessments on its members and also interpreted sections 1 and 2, Article V; section 1, Article VI; section 1, Article IX of the Constitution; sections 1, 3 and 4, Article II and sections 1 and 3 of Article VI of the By-Laws of AFRA as authorizing and empowering the board of directors of AFRA to levy assessments upon its members for any purpose connected with the general welfare of its members, subject to approval or ratification by the National board. After fully reviewing the procedure followed by AFRA in ‘levying the assessment of $1.00 per member on its members for a campaign to defeat California Proposition No. 12, and in ordering the suspension from membership of its members who have failed to pay such assessment by December 11, 1944,’ said National board found and declared such procedure to be legal and valid in all respects.

Such subsequent approval by National of AFRA's levying of the assessment constituted a ratification thereof. An act done without having been previously authorized is valid if subsequently ratified by those whose authorization was required by the by laws. Wickersham v. Crittenden, 110 Cal. 332, 334, 42 P. 893. AFRA did not fix the delinquency period until after the assessment had been approved by National.

Appellant argues that he personally favored Proposition No. 12, which would have made union shops illegal, and contends that by paying the assessment to AFRA, he was giving expression to sentiments contrary to those which he holds, in violation of his rights of suffrage, freedom of speech, expression of thought, and the right of assembly.

In clubs, fraternal and civic organizations, business and professional organizations, private corporations and voluntary associations of all kinds, the doctrine of the acceptance by the minority of the decisions of the majority and those whom they have elected to determine the policies of the organization, is the basic principle of their organization and functioning. Also, it is well recognized that the minority in accepting the decisions made by the majority, individually reserve the right to disagree with the decisions so made, because it rarely happens in any action taken by an organization that it represents the unanimous belief of the membership. Therefore, no inference could possibly arise that appellant individually approved either the assessment or AFRA's stand against Proposition No. 12, and furthermore, he was entirely free to work in support of the proposition, regardless of the union's opposition.

From the time appellant became a member of AFRA, he was bound not only by the constitutions and by-laws of the National and Local organizations, but also by the will of the majority of the membership, as lawfully expressed in accordance with such constitutions and by-laws. As a member of AFRA, appellant was contractually bound to submit to disciplinary action for his failure to pay the assessment levied.

The Federal Corrupt Practices Act, 2 U.S.C.A. § 251, denounces contributions by labor organizations ‘in connection with any election’ at which certain designated federal candidates, to-wit, presidential or vice-presidential electors, senators or representatives in Congress ‘are to be voted for.’ Proposition No. 12 was on the ballot at which there were candidates for all of these offices, but the funds were used not ‘in connection with’ the election of such officers, but only in opposition to the said proposition. Act of Congress prohibiting expenditures in the election of federal officers cannot interfere with a state election at which electors vote at the same time for state officials, or on proposed amendments to the state constitution, or other matters.

From the foregoing it appears that the $1 assessment levied by AFRA in connection with its opposition to Proposition No. 12 was for a union purpose, was duly authorized under the constitution and by-laws of said organization and that the suspension of appellant for nonpayment thereof must be sustained.

For the reasons stated, the judgment appealed from is affirmed.

YORK, Presiding Justice.

DORAN and WHITE, JJ., concur.