United Mine Workers of America, Local No. 1562 v. Williams and Rees

United Mine Workers of America, Local No. 1562 v. Williams and Rees

The majority held plaintiffs failed to prove actionable conspiracy or unlawful intimidation against the union and most individual defendants; an unincorporated and unregistered union cannot be sued by name and the proposed representative amendment was inappropriate in this tort action; however two individuals (Young and Stefanucci) who delivered the union's coercive message to the employer were personally liable for unlawful intimidation that caused the plaintiffs' dismissal.

Citation
(1919) 59 SCR 240
Parties
Defendant Appellant: Local Union No. 1562, United Mine Workers of America; Defendant Appellant: Albert Young; Defendant Appellant: Stefanucci; Defendant Appellant: Gerew; Defendant Appellant: Marcelli; Defendant Appellant: Lorenzo; Defendant Appellant: Kamuckle; Plaintiff Respondent: William Williams; Plaintiff Respondent: W. H. Rees
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
14 October 1919
Procedural Posture
Civil Tort (labour Dispute, Conspiracy and Intimidation) on Appeal / Appeal to the Supreme Court of Canada From Appellate Division of the Supreme Court of Alberta
Legal Topics
Inducing Dismissal, Threat of Strike, Liability of Union Members, Suitability of Unincorporated Body, Representative Action, Industrial Disputes Act
Source Language
English
Labour Law Tort Civil Procedure Conspiracy Law Trade Union Law Inducing Dismissal Threat of Strike Liability of Union Members +3 more

Case Brief

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Parties

Local Union No. 1562, United Mine Workers of America

Defendant Appellant

Albert Young

Defendant Appellant

Stefanucci

Defendant Appellant

Gerew

Defendant Appellant

Marcelli

Defendant Appellant

Lorenzo

Defendant Appellant

Kamuckle

Defendant Appellant

William Williams

Plaintiff Respondent

W. H. Rees

Plaintiff Respondent

Procedural Posture

Civil Tort (labour Dispute, Conspiracy and Intimidation) on Appeal / Appeal to the Supreme Court of Canada From Appellate Division of the Supreme Court of Alberta

Legal Issues

  1. 1 Whether an unincorporated and unregistered trade union can be sued by name
  2. 2 Whether individual union members are personally liable for tortious acts of the union by mere membership
  3. 3 Whether threats to strike constitute unlawful intimidation/coercion actionable in tort

Ratio Decidendi

The majority held plaintiffs failed to prove actionable conspiracy or unlawful intimidation against the union and most individual defendants; an unincorporated and unregistered union cannot be sued by name and the proposed representative amendment was inappropriate in this tort action; however two individuals (Young and Stefanucci) who delivered the union's coercive message to the employer were personally liable for unlawful intimidation that caused the plaintiffs' dismissal.