conclusions of law as set forth hereinafter in this memorandum opinion.
This is an action originally instituted by W. Willard Wirtz, then Secretary of Labor, United States Department of Labor, by Complaint filed on December 15, 1964. Secretary of Labor George P. Shultz was substituted as Plaintiff by order of the Court on September 11, 1971, and the present Secretary of Labor, James D. Hodgson, was substituted as Plaintiff by order of Court entered June 29, 1971. Plaintiff, by this action brought under Title III of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C.A. § 461 et seq., (hereinafter called "LMRDA"), seeks to cause the International Union, United Mine Workers of America (hereinafter called "International Union") to terminate alleged trusteeships maintained over seven of its Districts. Said Districts are subordinate bodies of the International Union and subject to its laws.
Defendant International Union is an unincorporated association, maintaining its principal offices at 900 Fifteenth Street, Northwest, in the City of Washington, District of Columbia, and is a labor organization engaged in an industry affecting commerce within the meaning of §§ 3(i) and (j) of the LMRDA (29 U.S.C. § 402(i) and (j). The individual defendants are or were at the time suit was filed, officers of United Mine Worker Districts 4, 6, 7, 17, 23, 30 and 31. The individual defendants were not elected officers by the members in good standing but were appointed as presidents and/or secretary-treasurers of the above-named Districts by the President of the International Union. Districts 4, 7, 17, 23, 30 and 31 are known as "provisional" districts in which all officers are appointed by the President of the International Union subject to approval by International Union's Executive Board. District 6 is known as a "semi-autonomous" district in which the president and secretary-treasurer are appointed by the President of the International Union.
Before bringing this action the Secretary of Labor received written complaints from members in good standing of local unions within the jurisdiction of each of the seven Districts referred to above, alleging that the defendant International Union was violating Title III of the LMRDA (29 U.S.C. § 461 et seq.). More specifically, the complaints alleged that the defendant Union had violated the Act and was continuing to violate the Act by keeping Districts 4, 6, 7, 17, 23, 30 and 31 in trusteeship. The Secretary of Labor, acting pursuant to and in accordance with section 304(a) of the LMRDA (29 U.S.C. § 464(a)), investigated each complaint and found probable cause to believe that violations of Title III of the Act had occurred and had not been remedied in that the defendant Union had imposed trusteeships over Districts 4, 6, 7, 17, 23, 30 and 31, and that continuation of the trusteeships was not necessary for a purpose allowable under section 302 of the LMRDA (29 U.S.C. § 462). The Secretary thereupon began this action as directed by the statute.
The defendant, International Union, vigorously resists these proceedings and contends that the law does not require the election of officers for these districts because they are not labor organizations or intermediate bodies within the meaning of the LMRDA but are administrative arms of the International Union and thus not subordinate bodies in trusteeship.
The Court finds that the districts in question are labor organizations within the meaning of the LMRDA: that they are subordinate bodies of the defendant, International Union, and that the International Union has kept and is keeping said districts in trusteeship in violation of the statute.
Section 3(i) of the LMRDA (29 U.S.C. § 402(i) defines "labor organization" as follows:
'Labor organization' means a labor organization engaged in an industry affecting commerce and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization, other than a State or local central body.