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MONBORNE v. UMW

January 24, 1973

Edward Monborne et al., Plaintiffs,
v.
United Mine Workers Of America et al., Defendants


McCune, District Judge


The opinion of the court was delivered by: MCCUNE

MCCUNE, District Judge.

 On May 10, 1972, this court, 342 F. Supp. 718, entered summary judgment for plaintiffs under Rule 56 of the Federal Rules of Civil Procedure dissolving the trusteeship imposed by the United Mine Workers of America on District No. 2 of that union. We held that the trusteeship had been imposed in violation of the Labor Management Reporting and Disclosure Act of 1959, § 304, 29 U.S.C. § 464 (herein LMRDA).

 We held that an election would be required at some practicable time in some practicable manner by which the officers of District 2 might be chosen. We have received proposals concerning how and when that election should be held.

 We have observed that a similar case has been decided in the United States District Court for the District of Columbia involving Districts 4, 6, 17, 23, 25, 30 and 31 of the same union and that the decision there required elections in the districts just mentioned and we have observed that the Honorable Joseph C. Waddy of that court has ordered that the elections in Districts 4, 6, 17, 23, 25, 30 and 31 must be carried out under the supervision of the Secretary of Labor.

 In our view some uniformity in conducting the elections in the various districts, including District 2, is desirable for obvious reasons although the obligations imposed on the Secretary of Labor may require that he be given some flexibility in scheduling elections.

 Accordingly we intend to adopt generally the same methods for carrying out the election in District 2 as were imposed by Judge Waddy to cover Districts 4, 17, 23, 25, 30 and 31 (District 6 was subject to special consideration).

 Therefore the following is ordered:

 1. District 2 shall conduct nominations and elections of officers, including District President, Secretary-Treasurer, International Executive Board member and District Board members under such rules and regulations as the Secretary of Labor may prescribe and insofar as practicable in accordance with the International Constitution. (District 2 has no constitution.)

 2. The dates, the times and the places of the nomination and election meetings within District 2 shall be subject to the approval of the Secretary of Labor.

 The election shall be concluded by August 1, 1973.

 3. The result of the election shall be subject to the certification of the Secretary of Labor and the individuals declared by this court to be duly elected shall thereafter be installed and shall serve for a term of four years.

 4. Meanwhile, until the installation of the aforesaid officers the present officers shall continue to conduct the affairs of District 2 but those affairs insofar as in the judgment of the Secretary of Labor they may be related in any way to the nomination and election of officers or to the preservation of the assets of the District or to the termination of the trusteeship and the restoration of full and complete autonomy to the District, shall be subject to the supervision of the Secretary of Labor and to such further orders of the court as may be from time to time required.

 5. Within 120 days after termination of the election, the President of District 2 shall convene a District Convention for the purpose of adopting a District Constitution. Prior to such convention District 2 shall conduct an election of delegates who shall attend such convention. Each local union shall be entitled to elect at least one delegate, the number of delegates to be determined on the basis of one delegate for every fifty members or major fraction thereof. At the District Convention the delegates may cast as many votes as there are members in the respective locals. Where there is more than one delegate from a local union, the number of votes which they may cast shall be divided equally among all the delegates. The elections of delegates shall be conducted by secret ballot among the members in good standing of the various local unions under the supervision of the Secretary of Labor and in ...


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