The opinion of the court was delivered by: FOLLMER
The issues here arise on motion to strike the complaint for lack of jurisdiction to grant the injunctive relief prayed for.
(a) that the plaintiff is a citizen of Massachusetts, the defendants are residents of Pennsylvania, and the amount in controversy, exclusive of interest and costs, exceeds the sum of $ 3,000;
(b) that the plaintiff is the duly elected President of United Electrical, Radio and Machine Workers of America (UE), (hereinafter referred to as 'UE') as unincorporated labor association, and that the plaintiff sues individually and on behalf of the members of UE as their representative and as President of UE;
(c) that prior to September 21, 1956, the named defendants were, respectively, officers of Local 639 UE, Local 636 UE, a field organizer of UE in and about Emporium, Pennsylvania, a field organizer of UE in and about Mill Hall, Pennsylvania, and an International Representative of UE;
(d) that the above numbered UE Locals were created and existed by reason of an individual charter issued by UE.
At the argument it developed that by an agreement dated October 28, 1955, Sylvania Electric Products, Inc., (hereinafter referred to as 'Sylvania') recognized United Electrical Radio and Machine Workers of America (UE) as the exclusive collective bargaining representative with respect to rates of pay, wages, hours of employment or other conditions of employment, for all employees in the bargaining units where the UE, through a National Labor Relations Board certificate, has been designated as the exclusive collective bargaining agent; that under date of September 26, 1956, Sylvania was notified in writing by International Association of Machinists that on September 25, 1956, Locals 639 and 636 United Electrical, Radio and Machine Workers of America (UE), representing Sylvania's employees at Mill Hall and Emporium, Pennsylvania, respectively, at meetings duly called and held, voted to disaffiliate from UE and to affiliate with International Association of Machinists, IAM-AFL-CIO, and that the employees formerly represented by UE now desired to be represented by IAM-AFL-CIO. The notification further requested Sylvania to abide by the will of the membership of former Locals 639 and 636 UE and to execute an agreement with IAM-AFL-CIO, incorporating the terms of the national contract and local supplements entered into between Sylvania and UE and its locals dated October 28, 1955, as modified and executed. That upon filing with the company of evidence of action taken by the respective locals with respect to said disaffiliation with UE, the company did, under date of September 26, 1956, enter into an agreement with IAM-AFL-CIO in behalf of and in conjunction with its affiliated Sylvania Electric Lodges Nos. 2173 and 2174 (hereinafter referred to as the 'Union'), such Sylvania Electric Lodges having been formerly designated respectively as Local Unions Nos. 639 and 636, United Electrical Radio and Machine Workers of America (UE), wherein Sylvania took cognizance of the action of disaffiliation by the said locals, formerly of UE now of IAM-AFL-CIO, and whereby Sylvania and the Union did agree that they are each bound by said contractual relationship and that the existing relationship shall be deemed amended by substituting the name International Association of Machinists AFL-CIO in the place and stead of the name United Electrical, Radio and Machine Workers of America (UE) wherever the latter name appears. Under date of October 4, 1956, Sylvania was advised by the National Labor Relations Board that the International Union of Electrical, Radio and Machine Workers, AFL-CIO, had filed with the Board its petition for certification of representatives pursuant to Section 9(c) of the National Labor Relations Act, as amended, 29 U.S.C.A. § 159(c); that a Field Examiner had been assigned to investigate the petition, and requesting certain data from the company.
The complaint then charged the defendants and others with conspiracy to strip the UE Locals and to divert funds and assets from UE to a rival organization, IAM-AFL-CIO. Thereupon, on September 29, 1956, the Court did make an order temporarily restraining defendants from:
'(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 locals;
'(c) from concealing or placing beyond the reach of UE any of such funds, assets or property;
'(d) from holding themselves out as officers of any such UE locals;
'(e) from receiving dues, checkoff payments, payments, funds or other property, whatsoever, due, payable, or intended to be delivered to UE from the date of this Order, from or by any person or corporation;
'(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 ...