since the next convention is more than a year away (Article XX, § 4(b) of the Constitution).
The plaintiff has alleged in his Complaint sufficient facts to state a claim under the L.M.R.D.A. of 1959, insofar as he avers facts which plead a violation of § 411(a)(2). Accordingly, the defendants' motion to dismiss is denied.
The Labor-Management Reporting and Disclosure Act of 1959, popularly called the Landrum-Griffin Act, 29 U.S.C.A. §§ 401-531, was intended to protect democratic processes within Unions. The plaintiff was entitled to express his opinions by advertising his beliefs by means of picketing with signs bearing his criticism of the Local's officers. The mere fact that he failed to acquiesce in the Local's decision and had the temerity to contact the International Union and the Secretary of Labor are not evidence of 'bad faith' acts on his part. And such 'bad faith' is not proven merely by the adverse determinations of the International Union and the Secretary of Labor.
'Quite the contrary; it would seem clearly in the interest of proper and honest management of union affairs to permit members to question the manner in which the union's officials handle the union's funds and how they treat the union's members.' Salzhandler v. Caputo, et al., 316 F.2d 445, 450 (2 Cir. 1963).
The plaintiff represents a small dissenting group within the Local who may provide the checks and balances on the operations of this Local which are needed in any well run democratic organization. Sensitivity to personal criticism is a luxury not available to any holder of elective office, whether he be in public or private life.
Conclusions of Law
1. The Court has jurisdiction of the parties and the subject matter.
2. The suspension and fining of the plaintiff are in violation of the L.M.R.D.A. of 1959, §§ 411(a)(2) and 529.
3. The plaintiff has shown he will be irreparably harmed if he is not permitted to vote on the resolution to be proposed on July 5, 1963, and to participate in future votes dealing with the new contract negotiations or possible strike vote in August or September of 1963. These rights cannot be compensated in money damages.
4. The plaintiff has demonstrated that there is reasonable probability he will succeed in this action.
5. The defendants are enjoined from depriving the plaintiff of his right to attend and participate in Union meetings or otherwise deprive the plaintiff of his rights as a member in good standing of Local 492, American Bakery & Confectionary Workers, International Union, AFL-CIO.
AND NOW, this 3rd day of July, 1963, after hearing had in the above matter, IT IS ORDERED AND DECREED that a Preliminary Injunction issue upon security being entered by the plaintiff in the sum of.$ 1000.00.
Upon the entry of such security, the defendants are Ordered, until further hearing and Order of the Court:
(a) that defendants vacate plaintiff's suspension from defendant Union and that plaintiff be reinstated as a member in good standing of the American Bakery & Confectionary Workers International Union, AFL-CIO, Local 492;
(b) that defendants take no action pending final disposition of this case that would in any way deprive plaintiff of his right to attend and participate in meetings of the general membership of Local 492 or otherwise deprive plaintiff of his rights as a member in good standing of Local 492 of the American Bakery & Confectionary Workers International Union, AFL-CIO.