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ANDREWS v. STEARNS-ROGER, INC.

No. 12423.

602 P.2d 624 (1979)

93 N.M. 527

Roy ANDREWS, John Archambeau, Stanley Benson, Carl Cole, Ben Cruz, Larry Dillon, Chris Gurule, Jose Herrera, Thomas King, Arthur Lawson, Judge Lightfoot, Bennie Montoya, Lroy Motley, Ronnie Mowles, Leo Schuessler, Gerald Ulibarri, Robert White and George Johnson, Plaintiffs-Appellants, v. STEARNS-ROGER, INC., Public Srvice Company of New Mexico, Davy Powergas, Inc., Foster Wheeler Energy Corporation, F. Glenn Frazier, Paul B. Rose, Lorin Strange, Ron Mershon, Don Ellery, International Union of Operating Engineers, Local 953 and New Mexico Building and Construction Trades Council, Defendants-Appellees.

Supreme Court of New Mexico.

November 16, 1979.

Attorney(s) appearing for the Case

Friedland, Simon, Vigil & Nelson, Morton S. Simon, Peggy Nelson, Santa Fe, Karp & Goldstein, Sander N. Karp, Denver, Colo., for plaintiffs-appellants.

Campbell, Cherpelis & Pica, George Cherpelis, John F. Nivala, Poole, Tinnin & Martin, Nicholas J. Noeding, Keleher & McLeod, John B. Tittmann, Kool, Kool, Bloomfield & Eaves, Gerald R. Bloomfield, Albuquerque, for defendants-appellees.

OPINION

FELTER, Justice.

Plaintiffs-appellants (the employees) filed suit alleging the following: first, that the companies, defendants-appellees and their agents, violated their Master Labor Agreement by terminating employees, refusal to rehire or to arbitrate, and by blacklisting; second, that the individual agents are liable for damages for their participation in the blacklisting of employees; and third, that the employees' union failed to fairly represent...

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