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ALVINO v. CARRACCIO. (06/30/60)

June 30, 1960

ALVINO, APPELLANT,
v.
CARRACCIO.



Appeals, Nos. 241, 242, 243, 244 and 245, Jan. T., 1959, from decree of Court of Common Pleas No. 1 of Philadelphia County, Dec. T., 1957, Nos. 1159 and 1160, in cases of Henry Alvino, as special trustee of Local 6 Bakery and Confectionery Workers International Union of America et al. v. Rudolph Carraccio et al., and Same v. Francis J. Downey et al. Decree affirmed; reargument refused July 18, 1960.

COUNSEL

Francis T. Anderson, with him John Patrick Walsh, and William J. Butler, of the New York Bar, for appellants.

Edward Davis, for appellees.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.

Author: Bok

[ 400 Pa. Page 478]

OPINION BY MR. JUSTICE BOK.

We have appeals from five persons in two equity suits. Both suits and all appeals concern the same questions. The complaints request an injunction, an order to pay over money and property, an accounting, and damages.

In both cases plaintiffs are special trustees for two local labor unions, Nos. 6 and 492, appointed by the General Executive Board of the International Union of which the locals were members. The defendants are members and officers of the two local unions.

The name of the International is the Bakery and Confectionery Workers' International Union of America, and hereafter we will refer to it as the BCW. This

[ 400 Pa. Page 479]

    entity was expelled by the American Federation of Labor-Congress of Industrial Organizations, which we will refer to hereafter as the AFL-CIO. The reason for its expulsion was the proved existence of corruption within the BCW.

As soon as the BCW was expelled, the two locals seceded and disaffiliated from it and retained their property and assets. Almost at once the AFL-CIO chartered a new International, the American Bakery and Confectionery Workers' International Union, which we will refer to hereafter as the ABC, and the two locals joined it.

The BCW remains outside of the AFL-CIO. Its position is that the locals had no right to secede and have none to retain their assets. The court below at first issued a preliminary injunction in order to keep the assets intact, but after final hearing dissolved it and dismissed the complaints. The plaintiffs have appealed. Only the appeal taken by Olson in each case is being pressed, and they present ...


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