ABBOTT v. SULLIVAN AND ISETT (CORNPORTERS COMMITTEE MEMBERS); TRANSPORT AND GENERAL WORKERS' UNION; PLATT; AND PORT OF LONDON AUTHORITY.
[1951] 2 Lloyd's Rep. 573
COURT OF APPEAL.
Before Sir Raymond Evershed (Master of the Rolls), Lord Justice Denning and Lord Justice Morris.
Trade union-Voluntary association of union members - Cornporters - Suspension of comporter-Removal from Cornporters Register by committee exercising disciplinary powers - Jurisdiction of Cornporters Committee -Resolution of committee ultra vires- Right of comporter to damages - Breach of contract-Plaintiff employed as ganger comporter in Port of London - Complaint made against plaintiff alleging breach of working rule - Routine meeting of Cornporters Committee (of which plaintiff was member and at which plaintiff was present) at which complaint was investigated-Fine impose on plaintiff - Special meeting of committee subsequently called by P. (union representative attending committee)- Members not notified of real purpose of meeting, which was in fact to investigate an alleged assault made by plaintiff upon P. at conclusion of previous meeting-Plaintiff notified though he did not attend-Decision of committee that plaintiff's name be removed from Cornporters Register- Port of London Authority informed to
that effect - National Dock Labour Board notified by Port of London Authority that plaintiff should not be directed to them for employment as comporter - Complaint subsequently made by plaintiff to union, it eventually being agreed that appeal should be heard by Area Emergency and General Purposes Committee of union-Decision of union appeal committee that
period of suspension from Cornporters Register already sustained by [plaintiff] is a sufficient penalty and that he be reinstated on the Cornporters Register with an opportunity to regain his former position as ganger in accordance with the normal procedure within the industry.
Decision of appeal committee accepted by Cornporters Committee "provided a satisfactory undertaking is received from [plaintiff] that he will abide by the regulations of the cornporters industry and constitution of the Cornporters Committee" - Right to impose special conditions for reinstatement - Action brought by plaintiff against two members of Cornporters Committee (first and second defendants), against trade union (third defendants), and against P. (fourth defendant), claiming a declaration that the resolutions of the committee suspending plaintiff were ultra vires, and damages - Decision of Croom-Johnson, J., that plaintiff was entitled to declaration claimed; that the union had at no time committed any wrongful action; and that plaintiff had not established any such cause of action as would entitle him to damages against the first, second or fourth defendants-Appeal and cross-appeal.