formal act * * *.' Webster's New Inter'l Dictionary (3d ed. 1961).
Admittedly, nothing in the constitution of Local, or in the constitution of International, or in the GE-IUE National Agreement expressly spells out revocation as resignation. Defendant seeks to arrive at that result by 'interpretation.' The process by which it does so is tortuous. It contends that the interpretation given to Local constitution by the president of Local is entitled to great weight; Local constitution provides that dues shall be payable in accordance with the terms of the GE-IUE National Agreement; the Agreement only provides for payment of dues through checkoff; the president has interpreted those provisions to make checkoff the mandatory and exclusive method of paying dues, and anyone who refuses to pay dues by that method refuses to pay at all, thereby resigning from the union.
No reasons appear why Local's president's interpretation is entitled to any special weight,
but if it were, knowingly and deliberately gave up membership. strained and lacking in foundation that I would, nevertheless, reject it.
Further, if his interpretation were supportable it could have effect only if it could be shown that plaintiffs knew or should have known of it. If plaintiffs were aware of such interpretation, it could be persuasively argued that when they revoked the authorizations they thereby knowingly and deliberately gave up membership.
Defendant did attempt to prove such knowledge but the evidence fell far short. By way of special knowledge, defendant established that two of the plaintiffs had attended shop stewards' meetings where the names of persons revoking authorizations had been read. It was contended that the purpose in reading the names was to inform the stewards as to the identity of those who had resigned, but it was apparent to me that the purpose was to inform the stewards of the identity of those they were to try to persuade to re-execute checkoff authorizations. As for general knowledge, defendant showed that over a six year period, 181 members had revoked checkoff authorizations. Of that number 137 had specifically included expressions of intent to resign, while the remainder made no statements one way or the other about resigning. That evidence did not satisfy me that it was a matter of general knowledge that revocation of checkoff authorization constituted resignation. The fact that 137 expressed intent to resign proves only that that number clearly and deliberately terminated their membership, i.e. they resigned in express terms. As for the remainder, those who did not resign by express words, there is nothing to show that they made any effort to attend meetings or to pay dues in some other fashion, or in any other way evidenced an intention to remain members, so for all that appears they, likewise, intended to 'give up deliberately' their membership. Under the proof, I am satisfied that plaintiffs did not, by word or deed, deliberately give up or renounce membership. To the contrary, their actions at all times evidenced an intention to remain members and to retain the rights of membership.
Defendant has urged the importance to it of dues checkoff. There are obvious benefits to a union in the system, but that is totally irrelevant to the resolution of this controversy. It may well be that in refusing to go along with the checkoff, plaintiffs were motivated by a desire to harass defendant rather than for any particular benefits to them. It may well be that what plaintiffs are doing is against the 'good and welfare' of the union. If defendant is aggrieved, it must proceed against plaintiffs, as members, in the manner provided in the constitutions of Local and International. All that is here decided is that these plaintiffs have not resigned. They must be treated as members. An injunction will issue, therefore, which will require defendant to accept the tender of dues from plaintiffs and to accord to them the rights and privileges of membership.
A form of order may be submitted upon notice to opposing counsel.