the Committee will not approve the present merger arrangement in that it is 'racially identifiable in structure'; and the question of whether 'segregated seniority' constitutes an unfair labor practice must be determined by the National Labor Relations Board.
The defendants, the International and its officers, take the position that Local 208 has exhausted its union remedies and these proceedings were valid, and the matter of merger was resolved adversely to plaintiffs, with the result that Local 208 can no longer function as a valid bargaining unit, and the proposal for trusteeship is the correct and proper action for the International to take.
Local 208 maintains that this Court has jurisdiction to preserve the autonomy of Local 208 until the ultimate issues have been properly determined; that if a trusteeship is imposed, all records and funds of the Local will be taken and the Local will be unable to seek relief from the National Labor Relations Board and the President's Committee.
The Court is of the opinion that it does have this jurisdiction to preserve the intra-union status quo pending action by the National Labor Relations Board and/or the President's Committee. 29 U.S.C.A. § 411(4), 412. (Labor-Management Reporting and Disclosure Act of 1959). Section 411(4) forbids labor organizations from limiting rights of its members to seek relief from an alleged wrong before courts and administrative agencies, provided the aggrieved union members shall first make a reasonable effort to adjust their differences within the labor organization. Section 412 provides that any person 'whose rights secured by the provisions of this subchapter have been infringed by any violation of this subchapter may bring a civil action in a district court * * * for such relief (including injunctions) as may be appropriate.' The problem of trusteeship is expressly treated in Section 462, and Local 208 contends that the proposed trusteeship is not legitimate within the meaning of this section.
The Court finds Local 208 has made very diligent efforts to adjust its differences with Local 176 and with the International; and further that the manner in which the trusteeship would be imposed, that is the attempt to coerce Local 208 into the proposed merger, -- comes within the provisions of Section 462. Therefore, the Court concludes that it does have jurisdiction over the subject matter and parties in this case.
The question then is whether or not the preliminary injunction should issue. The Court considers that its guidelines are those employed by courts of equity in this jurisdiction. Perry v. Perry, 88 U.S.App.D.C. 337, 190 F.2d 601 (1951). The more rigid injunction requirements of 29 U.S.C.A. § 107, relating to jurisdiction of the court to issue an injunction in a labor dispute only under specific conditions, one of which is a finding by the court that actual unlawful actions will be committed unless restrained, do not control in the instant case.
In weighing the relative importance of the rights asserted and acts sought to be enjoined, the irreparable nature of injury allegedly flowing from denial of the preliminary relief, and the probability of ultimate success or failure of the action, and by balancing of damage and convenience generally, and further, in consideration of the uniqueness of the relief sought here, the Court concludes the injunction should be granted, and the defendants enjoined from proceeding against the plaintiffs by imposing the trusteeship, revoking the charter of plaintiffs, or depriving the plaintiff Union and its members of any rights to which they are lawfully entitled until such time as the National Labor Relations Board shall take jurisdiction of this matter.
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