Retail Clerks Local 629 v. Christiansen

— -Plaintiff (appellant), a labor union, commenced this action against defendant, one of its members, to secure judgment of $250. The parties waived trial and submitted the case for decision on stipulated facts.

The claim arises from a fine levied by the executive board of the union against defendant after due notice of hearing. Defendant had continued to work for his employer during a strike by the union against J. C. Penney Company, the intervenor.

The trial court dismissed the action. Although we agree that the judgment must be affirmed, we are not in agreement as to the reasons in support…