The opinion of the court was delivered by: PRATT
This cause came on to be heard on September 11, 1969, on plaintiff's motion for a preliminary injunction and the Court having considered the pleadings, affidavits, the points and authorities in support of the motion, defendants' points and authorities in opposition to the motion, and oral argument of counsel, the Court makes the following findings of fact and conclusions of law.
1. Plaintiff, The Staff Personnel Committee of the Professional Staff Association of The Anti-Defamation League of B'nai B'rith (hereinafter referred to as SPC) is a labor organization recognized by defendant, The Anti-Defamation League of B'nai B'rith (hereinafter referred to as ADL), as the exclusive representative of ADL's professional employees.
3. Defendant, ADL, a nonprofit corporation, incorporated under the laws of the District of Columbia, and maintaining offices and doing business within said District, is an affiliate of B'nai B'rith.
4. Defendant, The B'nai B'rith Revised Retirement Trust (hereinafter referred to as the Trust), is a District of Columbia trust created for the sole and exclusive benefit of the employees of B'nai B'rith and of seventeen of its affiliated organizations, including ADL. These affiliated organizations have tax exempt status under Section 501(c)(3) of the Internal Revenue Code of 1954.
5. Defendants, Jay Kaufman, William A. Wexler and Benjamin Greenberg, are Trustees of the Trust. Defendant, Philip M. Klutznick, resigned as Trustee in February, 1969.
6. On December 9, 1959, B'nai B'rith and these affiliated organizations established the B'nai B'rith Revised Retirement Plan to provide retirement and related benefits for their regular employees other than those holding clerical or secretarial positions. On November 25, 1959, these organizations established the B'nai B'rith Revised Retirement Trust empowering the Trustees to administer the revised retirement plan. There are now 328 participants in the revised retirement plan, 109 of whom are employed by ADL. The revised retirement plan has been amended from time to time since its adoption in 1959.
7. A substantial number of the participants in the revised retirement plan are represented by labor organizations for purposes of collective bargaining. These labor organizations are B'nai B'rith Headquarters Staff Association, B'nai B'rith Youth Organization Staff Association, B'nai B'rith Hillel Foundation Staff Association, B'nai B'rith Vocational Service Staff Association, and Professional Staff Association of the Anti-Defamation League of B'nai B'rith.
8. The employees of the affiliated organizations are represented on an advisory committee established by the Trustees to consult with it on problems pertaining to the administration and amendment of the revised retirement plan.
9. The Trustees have consulted with the advisory committee.
10. ADL recognized SPC as the exclusive bargaining agent for its professional staff personnel in early 1962 and collective bargaining negotiations were begun with it at that time. After discussions, the parties signed a contract dated June 19, 1962, which included a ...