Opinion

Gilbert v. Hoisting & Portable Engineers, Local Union No. 701

  • 237 Or. 130
  • 390 P.2d 320
  • 384 P.2d 136
  • 9 A.L.R. 3d 1042
  • 54 L.R.R.M. (BNA) 2048
Court
Oregon Supreme Court
Filed
Mar 11, 1964
Status
Published
Author
Sloan
On the bench
McAllister, Rossman, Perry, Sloan, O'Connell, Goodwin, Denecke
Cited by
47 cases
Authority
More cited than 11.2%

awarding attorney fees to union members who sought to correct abuses of the democratic process in their union, because “[t]he preservation of the democratic process in the functioning of unions is a matter of primary concern, not only to union members but to the public as well”

How later courts described this case

  • awarding attorney fees to union members who sought to correct abuses of the democratic process in their union, because “[t]he preservation of the democratic process in the functioning of unions is a matter of primary concern, not only to union members but to the public as well”
  • rejecting the defendants’ suggestion that no fees should be awarded because the plaintiffs’ litigation had pro- duced no pecuniary benefit
  • awarding attorney fees, under court’s inherent equitable authority, because the plaintiffs action vindicated interest of union members and public in internal union democracy
  • suit against a union to require fair and democratic union elections

Written by the judges who cited it.

The opinion

SLOAN, J.,

specially concurring.

I agree that attorney’s fees should be allowed in this case. My dissent in Adair v. McAtee, 236 Or 391, 396 , 388 P2d 750 , stated the reasons why fees should be allowed in other appropriate oases as well.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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