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SANDERS v. DELUCIA

May 1, 1967

Edgar M. Sanders, as General Secretary Treasurer of Journeymen Barbers, Hairdressers, Cosmetologists and Proprietors International Union of America, AFL-CIO, Plaintiff
v.
Daniel De Lucia, Individually and as President of Barbers, Hairdressers and Beauty Culturists Union, Independent Local 1, et al., Defendants


Frankel, D.J.


The opinion of the court was delivered by: FRANKEL

FRANKEL, D.J..

The plaintiff International Union brings this action against four local unions and named officers of the Locals, seeking $1,000,000 in damages and an injunctive decree that would wipe out the latter organizations. The lawsuit, begun in state court and removed to this court under jurisdiction undisputedly conferred by § 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185, *fn1" grows out of the secession of the defendant Locals from the International in February of this year. Plaintiff has moved for a preliminary injunction which would in essence accomplish the purpose of the final decree by forbidding the defendants to

 
(1) use their funds and other property;
 
(2) administer their collective bargaining agreements;
 
(3) collect dues from local members; and
 
(4) in the case of two defendant organizations, Locals 1 and 3, continue their numerical appellations. *fn2"

 In addition, there is a prayer that the individual defendants be enjoined from representing themselves as officers of the International or of locals affiliated with the International.

 The asserted basis for the action and for the preliminary relief now sought may be summarized from the supporting affidavit of Joseph Pelligra, plaintiff's Vice-President, whose abortive role as trustee of defendant Locals is a matter of interest treated below. According to Mr. Pelligra, charges against defendants were filed with the International by its President on January 4, 1967, asserting that the Locals had not paid their per capita tax to the International; that the Locals' affairs were being mismanaged; that the "local unions and their principal officers failed to follow democratic procedures;" and that defendants had misbehaved in a variety of other ways. It is unnecessary to set out the charges at length. The affiant tenders no proof of them, and plaintiff says they "should not be litigated in this proceeding upon this application for a temporary injunction to which the plaintiff International Union is clearly entitled under the provisions of the Constitution of the organization to which all the parties are bound." *fn3" Two days after the charges were "filed" (but, from the silence of Pelligra and the unequivocal statement in an answering affidavit for defendants, well before they were served) Mr. Pelligra was appointed trustee of the Locals by plaintiff's President. After reporting this appointment at page 4 of his affidavit, Mr. Pelligra turns to other subjects, which we postpone briefly to quote here the only further things he says about this subject, at pages 6 and 7 of the affidavit:

 
"These defendants before their acts of disaffiliation attempted to avoid the consequence of their malfeasance by instituting an action in the New York Supreme Court against the plaintiff International and your deponent, as Trustee of these local unions, seeking to enjoin us from interfering with said local unions and continuing the trusteeship. That suit was removed to this Court. No further action has been taken in that case apparently because the local unions then seceded thus preventing your deponent, the Trustee, from carrying out his duties as the Trustee of local unions affiliated with the plaintiff International."

 The International's hearings on the charges of January 4, 1967, were set for various dates in March. Defendants did not appear. Instead, meetings of the Locals were called in February at which secession from the International was voted. Since then, Mr. Pelligra states,

 
"it has come to my attention that * * * the individual defendants have been and are continuing to visit employers with whom the plaintiff International through its chartered local unions are in contractual relationship and are seeking to induce these employers to execute an instrument whereby the name of the International local union as a contracting party to the collective bargaining agreement, is changed to that of one of the defendant organizations."

 In addition, Mr. Pelligra states that he

 
"has been informed that in a number of instances said agreements were executed by employers upon the fraudulent misrepresentation by representatives of the defendant Local 1 and Local 3 that said organizations are the same International affiliated local unions with which employers have been bargaining over the years. Other employers have been threatened with strikes, boycotts and picketing unless they executed the aforesaid stipulation, despite the ...

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