officers in the face of this violation of their duty.
Although the persons involved in the cases cited were all in government service of one type or another the Court is not persuaded that a person relinquishes any of his Constitutional rights by virtue of his entry into public service.
The Fifth Amendment guarantee provides '* * * nor shall any person * * * be compelled in any criminal case to be a witness against himself * * *.' This Amendment does not guarantee that a person who invokes it will not be subject to any unfavorable inference. Maffie v. United States, 1 Cir., 209 F.2d 225, 228. The Court concludes that it likewise does not guarantee that the person invoking it shall be continued in his employment. In view of this the Court holds, that the discharge of the employees under the Statement of Policy did not constitute an interference with their Constitutional rights.
Plaintiffs assert and rely upon the proposition that in entering into the collective bargaining agreement, the parties thereto; i.e. the Union and the Company, agreed that the Company had bargained away its right to discharge employees, in that its right to discharge was no longer unqualified but subject to all the conditions to which conditions of employment were subjected by the provisions of that agreement. It is elementary in an action that the party asserting a proposition has the burden of proof of establishing it. The Court is unable to conclude from the evidence that the plaintiffs have met this burden of proof. The Court thus finds that it was not the intention of the parties at the time they executed the agreement that defendant Company's right to discharge for obvious cause should be impaired by the collective bargaining agreement.
The Court further finds that discharges under the statement of policy were discharges for obvious cause; that the parties did not intend that the discharge of employees covered by the contract should be subject to review by any third party, either Court or arbitrator; that since defendant retained the right to discharge for obvious cause it was not obligated to negotiate with the Union before discharging a person on that ground; that there was no violation of the collective bargaining agreement when the discharge in question was not negotiated with the union in advance of the issuance of the statement of policy.
In addition to their contentions concerning questions involving the contract, the plaintiffs have also charged that defendant, through its management and officers, conspired with members of the staff of the permanent Subcommittee on Investigation of the Senate Government Operations Committee to deprive the individual plaintiff of his civil rights. It is likewise elementary that the plaintiff in a civil conspiracy case has the burden of proving the existence of the conspiracy which it alleges to exist. Upon a consideration of the entire record in this case the Court finds that the plaintiffs have failed to sustain the burden of proving the alleged conspiracy.
For the reasons indicated, the prayers of plaintiffs' complaint are denied.
Counsel for defendant will prepare appropriate findings of fact, conclusions of law and order.