Flynn v. Brotherhood of Railroad Trainmen

Citations

• 111 Kan. 415
• 207 P. 829
• 1922 Kan. LEXIS 263

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraternal Insurance — Violation of Rules of the Order — Authorized Expulsion of Member. A by-law of a mutual benefit association of railroad employees, which provides that if a member refuses to abide by the action of its general grievance committee he shall be expelled, is sufficient to authorize the expulsion of a member for petitioning a railroad official to modify a rule relating to seniority among employees which had been formulated by such grievance committee and adopted by -the company after negotiations with it.</p> <p>2. Same — Association of Railroad' Employees — Not Against Public Policy— Not Unconstitutional. The action of a group of employees in agreeing with one another that whatever negotiations they have with their employer with reference to privileges to be accorded them shall be conducted through their organization — collectively and not individually — is not void as against public policy or in conflict with the constitutional guaranty of the right of petition.</p> <p>3. Same — Expulsion of Member — Order Valid. Various objections to the validity of an order of expulsion are held not to be well founded.</p> <p>4. Same — Conduct of Association No Waiver of Defense of Expulsion of Deceased Member. Where an amount paid as an assessment or dues upon a beneficiary certificate is returned for the stated reason that the holder had been expelled, the retention of a payment made at the same time for an additional charge of one dollar for another purpose does not effect a waiver of a defense to the collection of the certificate on the ground of such expulsion, especially when there is no showing that the additional charge was not due prior to the expulsion.</p>