LABOR LAW - RIGHT OF UNION TO DENY MEMBERSHIP TO APPLICANT

A condition of the closed-shop agreement between defendant labor union and a manufacturing concern required that all new employees of the company be members of the union or become such within twenty-one days. The company employed plaintiff, but discharged him shortly thereafter when the union refused to admit him to membership. Plaintiff sought either to enjoin the enforcement of the union contract as illegally tending toward a monopoly, or to compel the union to grant his application for membership. Held, defendant's demurrer sustained, because plaintiff's allegation of a general plan to monopolize the labor supply was a conclusion not admitted by the demurrer, and because plaintiff did not make specific enough allegations to show that he was entitled to union membership as of right.

Furthermore the court found no grounds upon which a union can be required to admit anyone to membership even though such person is able and willing to comply with all laws and by-laws of the union. Walter v. McCarvel, (Mass. 1941) 34 N. E. (2d) 677.