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NAVARRO v. GANNON

April 13, 1967

Enrique Navarro, Individually and as President of Local 2, International Union of Police and Protection Employees-Independent Watchmen's Association et al., Plaintiffs
v.
John J. Gannon, Individually and as President of Independent Watchmen's Association, Defendants


Metzner, D.J.


The opinion of the court was delivered by: METZNER

METZNER, D.J..

Plaintiff, individually, and as president and on behalf of all members of Local 2 of the International Union of Police and Protection Employees-Independent Watchmen's Association (Local 2), has moved pursuant to Fed. R. Civ. P. 65 for a preliminary injunction to restrain defendant Gannon, individually and as president of the Independent Watchmen's Association (Independent), from taking actions said to be violative of certain sections of the Labor-Management Reporting and Disclosure Act, 29 U.S.C. ยงยง 411-413 and 529. A temporary restraining order was entered in this case by Judge Motley on February 16, 1967. Circuit Judge Anderson refused to vacate that order on February 18, 1967. There is a cross-motion by defendants to dismiss the complaint for lack of subject matter jurisdiction, failure to state a claim on which relief can be granted and on the ground that the controversy is moot.

 Plaintiffs seek to enjoin defendants from:

 (1) Taking disciplinary action against Local 2, its members, officers and officials without first rendering a written specification of charges and giving a reasonable time to prepare a defense and afford a full and fair hearing thereon.

 (2) Assuming control of any meetings of Local 2.

 (3) Doing any act which shall have the effect of arbitrarily depriving the members, officers and officials of Local 2, in violation of the constitution of the Independent, bylaws and charter of Local 2, from nominating candidates, voting in elections or referendums, attending membership meetings and participating in the deliberations and voting upon the business of such meetings.

 (4) From interfering with the selection of counsel by Local 2.

 (5) From directly or indirectly, in violation of said constitution, bylaws and charter, hindering or interfering with the right of members to meet and assemble freely with other members.

 (6) From preventing the expression at meetings of Local 2 views upon any business properly before the meeting.

 (7) From denying the right of duly elected officers and officials of Local 2 to preside over the meeting.

 Plaintiffs' claim is based solely on a letter dated February 9, 1967 sent to the members of Local 2 by direction of the president of Independent, John J. Gannon. That letter does not deal with any action contemplated under item 1 or the first part of item 3 above. However, it indicates that Independent is cognizant of problems existing in Local 2 and "the I.W.A. now finds it necessary to furnish information, to take action and make recommendations as to how the membership may protect themselves and their Local." The letter further reflects Independent's displeasure with the appointment of counsel for the Local by the officers of the Local. The letter concludes with a statement that at the Local 2 meeting to be held February 19, 1967 the president has directed that:

 
"1. First Vice-President Kirby attend your next stated meeting called for February 19, 1967 and act as chairman of such meeting.
 
"2. Secretary-Treasurer McFaun and Sergeant-at-Arms Mancini attend such meeting and assist ...

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