America (UE). For example, paragraphs 11 and 12 of the complaint aver as follows:
'11. On or about September 26, 1956, the defendants illegally and unlawfully executed a document purporting to assign to International Association of Machinists all the rights and benefits accruing to Locals 639 and 636 of UE and the members thereof, by reason of a certain valid, subsisting contract between Sylvania Electric Products, Inc. and UE.
'12. The unlawful acts of the conspirators have already caused immediate, substantial and irreparable injury to UE and its members and unless the illegal acts of the defendants and their fellow conspirators are promptly restrained by this Court, they will result in further immediate, substantial and irreparable injury in that the assets of each of the above numbered UE locals will be secreted and diverted from the purposes of UE and used in behalf of a rival organization, all by persons having no substantial financial means.'
Furthermore, the prayer of the complaint in pertinent portions seeks restraint on the defendants as follows:
'(a) transferring, expending, using or disbursing any of the funds, including the dues checked off and to be checked off, assets or property of UE or UE Locals 639 and 636;
'(b) using or occupying the properties and the contents thereof located at 213 1/2 South Maple Street, Emporium, Pennsylvania, and 61 Pennsylvania Avenue, Mill Hall, Pennsylvania, or of any other property belonging to or for the use of such UE local;
'(d) from holding themselves out as officers of any such UE locals;
'(f) from representing that an assignment to International Association of Machinists has been made of the rights and benefits accruing to Locals 639 and 636 of UE and the members thereof by reason of a certain valid, subsisting contract between Sylvania Electric Products, Inc. and UE.
'(g) from representing that Local 639 or Local 636, or the members thereof, have seceded or disaffiliated from UE.'
Section O, Article 18, of the Constitution and By-Laws, United Electrical, Radio and Machine Workers of America (UE), attached and made a part of the complaint as Exhibit A, provides as follows:
'Section O. Any local union whose good standing members fall below seven (7) may have its charter revoked in accordance with the provisions of Article 18, Section N, and Article 10, Section I, of the International Constitution. Members of such a group may become members-at-large, affiliated directly with the International Union in accordance with Article 20, Section C, or they may transfer to other local unions in the area.'
While there is nothing before the Court to indicate the number of employees of Sylvania who retained their membership in UE, from the allegations in the complaint and the prayer of the complaint and the further fact that there is no evidence before the Court of the revocation of charters previously granted to Locals 639 and 636 UE, the inference is inescapable that the said locals have never ceased to exist. Accordingly, the complaint must also be dismissed for failure to join indispensable parties.
Finally, as to the aspect of relief sought relating to the funds and chattels of the two locals and as to the right of occupancy and possession of the Union Halls owned by the locals at Mill Hall, Pennsylvania, and Emporium, Pennsylvania, respectively, I feel that here again the prayer for equitable relief must be denied because the plaintiff has adequate remedies at law.
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