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BROOKS v. LOCAL 30

September 20, 1960

Morris BROOKS, Frederick W. Hofer, Stanley Kent, William E. Callahan, John P. Cahill,
v.
LOCAL NO. 30, UNITED STATE, TILE AND COMPOSITION ROOFERS, CAMP AND WATERPROOF WORKERS' ASSOCIATION



The opinion of the court was delivered by: DUSEN

The above Motion was made at the conclusion of the plaintiffs' case during the final hearing *fn1" of the matter, pursuant to the second sentence of F.R.Civ.P. 41(b), 28 U.S.C. which provides:

'After the plaintiff has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief.'

 Since the hearing judge has concluded that the Motion must be granted on this record, this Memorandum Opinion contains the findings provided for in F.R.Civ.P. 52(a).

 The Complaint seeks an injunction restraining the respondent from assessing or collecting a dues increase effective as of May 1960 and from suspending, expelling or taking any other disciplinary action against the plaintiffs on the ground that such increase was not pursuant to a majority vote by secret ballot as required by § 101(a)(3)(A) of the Labor-Management Reporting and Disclosure Act, 29 U.S.C.A. § 411(a)(3)(A). *fn2" The plaintiffs are members in good standing of the respondent, which is a local labor organization within the provisions of the above Act (29 U.S.C.A. § 402(j)). On September 14, 1959, the effective date of the above Act, the dues of the members of respondent were $ 7 per month and the dues continued at this rate until May 1960.

 The minutes of the Regular Meeting of February 23, 1960, contain the following approved action concerning dues (pages 136 & 137 of P-1):

 'Motion to change system of collection of dues. Election to be held on method, change from.$ 7.00 per month to $ 5.00 per month with a 10 cents per hr. being deducted and sent into Union by employers.

 Motion by Bro. J. Kelly.

 2nd. C. Stroman

 Approv. & Accept.'

 The minutes of that meeting also contained this sentence immediately after the above quotation (page 137 of P-1):

 'A special meeting will be held and a secret ballot provided for dues change.

 'Motion by Bro. Tackack to have meeting April 15 *fn4" 1960 for secret ballot on check-off system.'

 Timely notices were sent out to all members of respondent, including plaintiffs, on three-cent postals of the type marked as Exhibit P-3, *fn3" stating that a special meeting would be held March 15, 1960, *fn4" at which time there would be a secret ballot vote 'To reduce dues to $ 5.00 per month plus 10 cents per each hour of employment. 10 cents per hour to be ...


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