The opinion of the court was delivered by: LUONGO
This is an action for injunction under the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C.A. § 401 et seq.) known as the Landrum-Griffin Act. After hearing and argument, the court makes the following
1. Defendant, Local 119 (hereinafter Local) of the International Union of Electrical, Radio and Machine Workers (AFL-CIO) (hereinafter International) is a labor organization.
2. Defendant represents a bargaining unit of approximately 3900 employees of General Electric Company (hereinafter GE or Company) of whom 3300 to 3400 are members of defendant.
4. Prior to September 1964, each of plaintiffs had authorized GE to check off the amount of his monthly union dues and to pay same to defendant.
5. During September 1964, each of the plaintiffs revoked the aforementioned checkoff authorizations and thereafter tendered payment of dues at defendant's office in the monthly amount prescribed in the constitution of Local. The 'over the counter' tender of dues thus made was rejected.
6. Since the date that the plaintiffs have executed the revocations of checkoff authorization, the defendant has denied to them admittance to membership meetings and has declared them ineligible to participate in the business of the union meetings.
7. The sole basis upon which defendant has denied to plaintiffs admittance to membership meetings and declared them ineligible to participate in the business of said meetings is that the plaintiffs have resigned and are entitled to none of the rights and privileges of membership.
8. (a) Until sometime in 1958, the Local constitution provided, in part, that dues 'shall be Three Dollars and Fifty Cents ($ 3.50) per month, payable on the second pay day of each month * * *.'
(b) During 1958, the Local constitution was amended to provide:
'The dues of this Local shall be Four Dollars and Twenty-Five Cents ($ 4.25) per month, payable in accordance with the terms of the G.E.I.U.E. National Agreement * * *.'
(c) The GE-IUE National Agreement (hereinafter National Agreement) provides:
'ARTICLE II 'Union Security
'1. The Company, for each of its employees included within the bargaining units recognized by the Company pursuant to Article I hereof, who individually, in writing, duly authorizes his Company Paymaster to do so, will deduct from the earnings payable to such employee on the second pay day of each month, the monthly dues * * * for such employee's membership in the Local and shall remit promptly to the Local all such deductions. Local unions and local management are authorized to negotiate variations from this check-off procedure with respect to the frequency of ...