Appeal, No. 251, March T., 1962, from decree of Court of Common Pleas of Allegheny County, July T., 1962, No. 3323, in case of Nicholas Mamula v. United Steelworkers of America. Decree reversed.
James Craig Kuhn, Jr., with him Ernest G. Nassar, Arnold D. Wilner, and Wilner, Wilner and Kuhn, for appellant.
Harry Alan Sherman, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Keim, JJ.
OPINION BY MR. JUSTICE COHEN
This is an appeal from a decree granting a preliminary injunction to Nicholas Mamula, appellee, ordering the appellant, United Steelworkers of America, through its appropriate officers and representatives to postpone an election of officers of Local Union 1211.
The decree, granted at approximately 9:00 p.m., June 18, 1962, required that the preliminary injunction issue "forthwith" and stated that "this order of preliminary injunction ... be effective immediately." The court also decreed that the appellant furnish a bond of $1,000 "within forty-eight hours." Immediately thereafter the appellant appealed the grant of the preliminary injunction to our court and obtained a supersedeas.
Mamula was elected president of the Aliquippa, Beaver County Local in 1960, and served in that capacity until his removal for misconduct in office on July 20, 1961 by a Trial Committee of the Local specially selected to preside over the disciplinary proceedings. At that trial and on appeal to the International Executive Board Mamula vigorously contended, inter alia, that he was not accorded a fair trial, that the procedures set forth in the union constitution were not complied with, and that he was the victim of a conspiracy to oust him by officers of the International who disagreed with his policies. The International Executive Board in affirming some of the findings and reversing others declared Mamula ineligible to hold any office in the union until July 20, 1966. It is not necessary to examine the merits of Mamula's allegations of an unfair trial since they are not material to our disposition of this case.
The procedural steps in this case have been presented in detail since our decision ultimately hinges upon the propriety of the procedure appellee followed.*fn1
Equity Rule 1531(b) of the Pa. R.C.P. requires that a bond be filed before a preliminary injunction shall issue. We have said repeatedly that the equity rules promulgated by this court have the force of a ...