Bernard C. Madden v. Charles T. Atkins

Summary

The Court held that the plaintiffs were wrongfully expelled from Local 88 and were entitled to both reinstatement and monetary damages from the local union, while limiting liability of individual officer Atkins and the national union. It affirmed the Appellate Division's reinstatement order, reversed the denial of damages, and remanded for assessment of damages. The decision rests on the principle that an expulsion authorized by the union membership is an act of the union for which damages may be recovered. Justice Desmond, in a concurring opinion, agreed with the result but urged clarification of certain propositions.