I credit Lester's testimony and find that Miller liked Trulos' programs but not Trulos. And in that connection it is to be recalled that in 1969 Miller was supporting Yablonski in a hotly contested election. It is impossible to believe that Miller would forget the Yablonski pig cartoon which was so widely disseminated and so generally came to be known as one of the campaign activities of Trulos in support of Boyle.
Trulos' discharge did not result from his education programs or the manner in which he conducted them. It was those programs that looked good to Miller and were appreciated by those who attended them. I find that Trulos has shown by a preponderance of the evidence that he was discharged as Director of the Union's Department of Manpower Development and Education because he was the generally known creator of the pig cartoon, understandably distasteful to the supporters of the late Joseph Yablonski. And he was also known as a financial supporter of and active campaigner for Boyle. His discharge, therefore, was an act of political reprisal made unlawful by the Labor Management Reporting and Disclosure Act of 1959, 29 U.S.C. sec. 411(a) (1), 411(a) (2), 412 and 529. Grand Lodge of International Ass'n of Machinists v. King, 335 F.2d 340 (9 Cir. 1964), Retail Clerks Union, Local 648 v. Retail Clerks Int. Ass'n, 299 F. Supp. 1012 (D.D.C. 1969), Yablonski v. United Mine Workers of America (D.D.C.), 305 F. Supp. 868 (1969), 80 LRMM 3435 (1972).
An order will be entered dismissing the claims of Price and Burich and entering an injunction in favor of Trulos against Miller and the Union from discharging him or otherwise harassing, intimidating or threatening him as a means of obtaining his resignation or from changing or altering his duties as Director of the Union's Department of Manpower Development and Education.
This action having come on for trial and the Court without a jury having heard the evidence adduced and having filed its opinion herein, it is this 22nd day of May, 1974,
ORDERED that the claims of plaintiffs Frederick D. Price and John J. Burich asserted herein be and the same are hereby denied and the complaint with respect to them is dismissed; and
FURTHER ORDERED that the claim of plaintiff Michael T. Trulos having been proven by a preponderance of the evidence, the defendants United Mine Workers of America (Union) and Arnold Miller and all officers, International Board members, employees, agents, attorneys and others associated with and acting in concert with them be and they are hereby enjoined from discharging Michael T. Trulos from his position as Director of the Union's Department of Manpower Development and Education or from engaging in any conduct designed to harass, intimidate or threaten said Michael T. Trulos as a means of obtaining his resignation or from changing or altering his duties as Director of the Department of Manpower Development and Education; and
FURTHER ORDERED that, in the event Michael T. Trulos has since January 29, 1973, been removed as Director of the Union's Department of Manpower Development and Education, he shall be reinstated as such Director.