Oskoian v. Canuel

269 F.2d 311 (1st. Cir. 1959)

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Nature of the Case

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Facts

The Independent Bakery Workers Union won an election among employees at Local 184 of the Bakery and Confectionery Workers International Union of America. Thereafter the International Union interfered with the employment and contract rights of the Independent Union, and eventually, the Independent Union was forced from existence. Ps, three individual, alleged to have been members of the Independent Union, sued on behalf of themselves and others similarly situated and were ruled to be a spurious class under Rule 23(a)(3) and that the rights of the absent members of the plaintiff class would not be adjudicated. Thirteen named defendants were sued as members and representatives of the International Union. Ps claim that Oskoian was an international representative of the International Union and that Ds, Kavanaugh, and Boudreau are officers of Local 184. The district court found that the named defendants adequately represented the defendant class. D moved to dismiss for various grounds, one of which was that Ds lacked the capacity to be sued as representatives of the International Union as none were officers of that Union. The court held that the propriety of an action against the defendant class was a question of procedural law governed by Rule 23(a). D appealed.