Poole v. Local 305 National Post Office Mail Handlers

WHICHARD, Judge.

Defendants’ Appeal

Defendants first contend that plaintiffs may not maintain an action against defendant union because, as members of the union, they are essentially suing themselves. While this contention may have had validity under the common law, see Stafford v. Wood, 234 N.C. 622, 68 S.E. 2d 268 (1951), G.S. 1-69.1 now allows unincorporated associations such as unions to sue and be sued. Under this statute, a union member may seek judicial relief from efforts by the union to deprive him of his legal rights. Gainey v. Brotherhood, 252 N.C. 256, 266-67, 113 S.E. 2d 594, 602…