terminal and urged the men there to return to work. Other officials of the International were dispatched, including Presser to Local 377 and Albert Dietrich and William Neidig to Local 249, to assist the beleaguered local officials and at least Dietrich spoke to the striking members of Local 249 at the meeting of September 15. Two International officers, Walter Shea and Robert Flynn, testified that from the inception of the strikes the International was in contact with officials of the striking locals on almost a daily basis. These largely conciliatory efforts of the International culminated in a meeting at the International's offices in Washington, D.C., on September 17, at which the "riot act" was read to the strikers' leaders.
In light of its obligation, and of the gravity and endurance of the strikes, the International's undertakings to induce the strikers to return to their jobs were veritably negligible. The range of sources of persuasion available to it were fairly vast. Short of placing either of the locals in trusteeship, it could have directly threatened the strikers with fines, suspension or expulsion; it could have proceeded to impose fines, suspensions or expulsions (and have expedited such proceedings); it could have acted sooner in sending International representatives to urge the dissidents to step aside to allow the men to return to work. Further, those representatives who were sent could have urged the return of the men to work in more forceful, uncompromising terms.
Additionally, it could have called a meeting of the leaders of the strikers in its Washington offices far sooner than almost one month after the strikes began, and it could have directed a vote of the strikers by secret ballot. Indeed, it was with the occurrence of these latter two events that the strike was brought to an end. In sum, then, the restraint with which the International went about making efforts to break the strikes, in the face of the urgency of the need for strong, unmistakably intended measures, I think compels the conclusion that the International, like Locals 377 and 249, breached its contractual obligation to the plaintiffs to deplete, if necessary, its arsenal of all available means to halt the strikes.
An Order will be entered imposing liability on all three defendants, and the trial of these actions will proceed to the second phase, i.e., that of the issues of damages, including mitigation of damages, if any.
And now, to wit, this 30th day of March, 1973, in consideration of the foregoing Opinion, it is ordered that judgment as to liability only be and the same hereby is entered for the plaintiffs, Eazor Express, Inc. and Daniels Motor Freight, Inc. and against the defendants, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America and its locals, Local 249 and Local 377.
It is further ordered that the damage phase of this action shall commence on Monday, May 7, 1973 at 2:00 P.M. in Court Room No. 12, 10th Floor, United States Post Office and Courthouse.