for summary judgment (Document No. 3) is granted and judgment is entered for The International Longshoremen's Association, Local No. 1291, and Richard L. Askew, President of Local No. 1291, defendants, and against Herbert Harris, et al., plaintiffs.
EXHIBIT A TO MEMORANDUM OF OCTOBER 26, 1962, IN HARRIS, ET AL. V.I.L.A., LOCAL NO. 1291, ET AL., CIVIL ACTION NO. 31377
As to Mr. Bey's attendance at I.L.A., Local 1291, meetings, he stated:
'I would say roughly 80 per cent of the meetings I have attended, from 75 to 80 per cent of the meetings.' (N.T. 19)
As to Bey's knowledge of the Constitution:
'Q So that you did have a copy of the by-laws and Constitution available to you, did you not? 'A At that time.
'THE COURT: When was that, do you remember?
'THE WITNESS: Oh, it is about '54, I guess; '54 -- say about '54, '55. 'By Mr. FREEDMAN: 'Q As a matter of fact, Mr. Bey, you even knew all about the by-laws as early as 1953, did you not? 'A Yes. I didn't know about them. I didn't know them thoroughly, but I knew of them.' (N.T. 88-89) (Emphasis supplied.)
Mr. Bey sent a letter to Mr. Moock, of I.L.A., dated July 19, 1953. Questioned as to this letter, Mr. Bey stated as follows:
'Q Now, Mr. Bey, would you turn to the second page of this document and read the top paragraph, please. 'A 'In reading the by-laws I notice * * * 'Q So that as of July 19, 1953, you had read the by-laws, had you not? 'A Read the by-laws, yes. I did not have possession of the by-laws, and I didn't know the by-laws, but I had read them.' (N.T. 90) (Emphasis supplied.)
The above testimony illustrates Bey's knowledge and diligence in studying the by-laws and Constitution.
Concerning any appeal from a ruling of the chair, the transcript shows the following:
'Q Did you file any written complaint or appeal to any other department of the Union -- to any department of the Union? (Objection; overruled by the court.)
'THE WITNESS: Merely making an appeal to the motion on the floor, that's all. I did not file a written complaint at that time.
'THE COURT: Did you file one later?
'THE WITNESS: Not a written appeal, no.' (N.T. 93)
On March 28, 1962, Mr. Bey wrote a letter to Captain Bradley (I.L.A.). He received a reply telling him he could go to the District Council (N.T. 95-97) with his appeal. Bey was asked:
'Q Did you at any time file any written charge or appeal in the local Union from any grievance that you might have had? 'A * * * No.' (N.T. 97)
Again, at N.T. 101:
'Q * * * I have asked you whether you filed any written appeal in the local Union as required by the Constitution? 'A No, I did not. 'Q You did not file any in the Executive Council of the International Union, which is the next step -- or, in the District; over and above the District Council there is another district, Atlantic Coast District; you know that, too, don't you? 'A Yes, I know that.'
At N.T. 103-4 the following appears:
'Q All right. Now, did you ever file any appeal with the Executive Council of the International Union? 'A No. Only to Bradley. 'Q Now, when you wrote to Mr. Bradley, he replied to you under date of April 9? 'A Yes. 'Q As reflected on this exhibit, P-3, -- 'A Yes. 'Q -- which is the letter that he sent back to you? 'A Yes. 'Q And he outlined in there the various steps which you had available to you, did he not? 'A Yes. 'Q And he outlined in this letter each one of the steps that I just went through, isn't that correct? 'A Yes. 'Q Did you take any of those steps? 'A No.'
The transcript shows that Mr. Moock, I.L.A. Vice-President, asked Bey if he would appeal under Captain Bradley's letter. He answered he would not. With reference to this letter, Mr. Moock stated:
'I then made it a point at the end of the meeting, I went over and asked Mr. Bey, I says, 'I have got this package from Bradley.' I said, 'He has requested me to send them back to him. I want to ask you a question: Are you making a charge against the local?'
'And he says, 'No, I am not." (N.T. 259)
'And I says, 'The very last part, which is -- ' which was number four under the itemized list that Bradley sent me -- I says, 'He has told you what your different avenues of appeal are.' And I says, 'I again ask you, are you making any charges?'
'And he says, 'No, I am not." (N.T. 260)