or in the alternative, for summary judgment is before the court.
The individual plaintiffs are electronics technicians
employed by the United States Army Electronics Command, North East Field Office, Fort Monmouth, New Jersey, and stationed at the Tobyhanna Army Depot, Tobyhanna, Pennsylvania. The union plaintiffs, Lodge Nos. 1647 and 1904 of the American Federation of Government Employees, represent employees of the Tobyhanna Depot and Fort Monmouth Command, respectively.
Plaintiffs invoke jurisdiction under 28 U.S.C.A. § 1361. The complaint alleges that during 1964, 1965 and 1966, plaintiffs accumulated a number of grievances primarily involving their supervisor, Boleslaw A. Skurnowicz, on matters relating to promotions, travel assignments, leave, work ratings, reprimands, and the like. On several occasions these grievances were orally brought to the attention of Skurnowicz's superiors. Plaintiffs also claimed that Skurnowicz engaged in unfair labor practices by discriminating against those who joined in the presentation of grievances. In June 1966, the grievances were reduced to writing and presented to the Department of the Army. There was a hearing in March 1967, but no action was taken. In July 1967, plaintiffs requested a hearing pursuant to Executive Order 10988, as implemented by the President's May 21, 1963, Memorandum, and pursuant also to Department of the Army Civilian Personnel Regulations CPR E6,
but these requests were denied, and instead, plaintiffs were informed that a "Type III" hearing
would be held pursuant to Department of the Army Civilian Personnel Regulations CPR E2 entitled "Grievance And Appeal Procedures."
A hearing was held at the end of August 1967. Plaintiffs complain because the hearing was not open to the public, a stenographer and the press were not permitted at the hearing, and there was a denial of the right to confront and cross-examine witnesses and to subpoena witnesses. Before a decision was handed down, plaintiffs filed the instant complaint. The record on these motions, however, includes certified copies of letters dated February 15, 1968, from the Department of the Army to the individual plaintiffs and their counsel, which set forth the action taken on the grievances. These letters were issued about one month after the complaint was filed. Plaintiffs are apparently dissatisfied since they insist that this court issue a mandatory injunction to compel defendants to hold a hearing pursuant to Executive Order 10988, as implemented by the Memorandum of May 21, 1963, on past complaints as well as on unfair and discriminatory conduct which they allege has continued to the present time. They also seek to dictate the procedures to be followed in the hearing.
Defendants argue that the action should be dismissed because the court lacks jurisdiction over the subject matter.
The purpose and effect of Executive Order 10988 are well stated in Manhattan-Bronx Postal Union v. Gronouski, 1965, 121 U.S.App.D.C. 321, 350 F.2d 451, cert. denied sub nom. Manhattan-Bronx Postal Union v. O'Brien, 1966, 382 U.S. 978, 86 S. Ct. 548, 15 L. Ed. 2d 469:
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