The opinion of the court was delivered by: MCVICAR
This case is now before us on plaintiffs' and defendants' applications for a preliminary injunction. After hearing and consideration thereof, the court makes the following findings of fact and conclusions of law:
1. The American Federation of Labor is a voluntary unincorporated association consisting of affiliated international and national trade unions, local and federal trade and labor unions, and state and central labor federations and bodies, with its principal office in the city of Washington in the District of Columbia.
2. The purpose of the American Federation of Labor and its members is set forth in the preamble, and article 2, sections 1 to 4, pages 1 to 4 of the Constitution, and is as follows:
"Whereas, A struggle is going on in all the nations of the civilized world between the oppressors and the oppressed of all countries, a struggle between the capitalist and the laborer, which grows in intensity from year to year, and will work disastrous results to the toiling millions if they are not combined for mutual protection and benefit.
"It, therefore, behooves the representatives of the trade and labor unions of America, in Convention assembled, to adopt such measures and disseminate such principles among the mechanics and laborers of our country as will permanently unite them to secure the recognition of rights to which they are justly entitled.
"We, therefore, declare ourselves in favor of the formation of a thorough federation, embracing every trade and labor organization in America, organized under the trade union system."
"Section 1. The object of this Federation shall be the encouragement and formation of local Trade and Labor Unions, and the closer federation of such societies through the organization of Central Trade and Labor Unions in every city, and the further combination of such bodies into State, Territorial, or Provincial organizations to secure legislation in the interest of the working masses.
"Sec. 2. The establishment of National and International Trade Unions, based upon a strict recognition of the autonomy of each trade, and the promotion and advancement of such bodies.
"Sec. 3. The establishment of Departments composed of National or International Unions affiliated with the American Federation of Labor, of the same industry, and which Departments shall be governed in conformity with the laws of the American Federation of Labor.
3. The number of members of the American Federation of Labor is so large that it would be impracticable to join them as parties in the bill of complaint.
4. William Green, plaintiff, is a citizen and resident of the State of Ohio. He sues as a representative of, and for the benefit of, all the members of the American Federation of Labor.
5. The Aluminum Workers' Union, Local No. 18356, the members and officers of which are represented by the named defendants, is an unincorporated association, having its only office and place of business in New Kensington, Westmoreland County, State of Pennsylvania, and exists by virtue of, and subject to, the terms of the certificate of affiliation issued to it on August 1, 1933, by the American Federation of Labor. Said union is a directly affiliated union of the American Federation of Labor.
6. The Aluminum Workers' Union, Local No. 18356, has a membership in excess of 1,800 persons, to join all of whom, as parties defendant, would be inconvenient, cumbersome, and impracticable.
7. The Aluminum Workers' Union, Local 18356, has a contract with the Aluminum Company of America, making it the collective bargaining agent for its members with the Aluminum Company of America.
8. The officers of the Aluminum Workers' Union, Local No. 18356, are W. B. Gravatt, president; John Haser, vice president; Mary M. Peli, financial secretary; Walter Pasnick, recording secretary; George Hobaugh, treasurer; Anthony Jasinski, guide; Edward Troutman, guardian; Nick Zonorich, Louis Petrigni, Thomas Davis, trustees. All of said officers and individuals are residents of Westmoreland County, State of Pennsylvania, are citizens thereof, and are sued as officers of the said union, individually and as representatives of, and on behalf of, all the members and officers of the said union.
9. The matter in controversy herein exceeds, exclusive of interests and costs, the value of $3,000.
10. The constitution of the American Federation of Labor sets forth the rights, privileges, and duties of all affiliated federal labor unions.
11.Section 6, page 5 of the Constitution of the Aluminum Workers' Union, No. 18356, provides that:
"Before entering upon the duties of their respective offices, the newly elected officers shall subscribe to the following affirmation:
"I, . . ., do hereby pledge my honor to perform the duties of my office as required by the Constitution of this Union; to bear true and faithful allegiance to the American Federation of Labor; to deliver all books, papers and other property of the Union that may be in my possession at the end of my term to my successor in ...