Appeals from decree of Court of Common Pleas, Trial Division, of Philadelphia, Sept. T., 1956, No. 626, in case of International Organization Masters, Mates and Pilots of America, Local No. 2, an unincorporated organization by Edmund H. Stoughton and Samuel J. Schweigert, Thomas N. Reed, deceased, Arthur W. Smith, Weldon J. Lucas, Charles C. Devos, Williard S. King, Leon Cohen, J. Francis Sibre, Peter Petruncio, Newton E. Zartman, H. C. D. Vickers v. International Organization Masters, Mates and Pilots of America, Inc., a corporation, et al.
Kip D. Denega, Jr., with him John W. Kephart, Jr., and Joseph N. Bongiovanni, III, for Reed, Devos, King, Cohen, Petruncio and Vickers, appellants.
Wilfred F. Lorry, with him William Goichman and Lorry, Machles & Hymowitz, for Stoughton, Schweigert, Smith, Lucas and Zartman, appellants.
William J. Lederer, for Francis J. Sibre, appellant.
John D'Angelo, with him Marvin Schwartz, and Bank & Minehart, for International Organization Masters, Mates and Pilots of America, Inc., a corporation, et al., appellees.
Howard L. Ganz, with him Bernard G. Segal, James J. Leyden, Schnader, Harrison, Segal & Lewis, and Proskauer, Rose, Goetz & Mendelsohn, for Employer-Designated Trustees of International Organization Masters, Mates and Pilots Pension and Welfare Plan, a trust, appellees.
Melvin Alan Bank, with him Marvin Schwartz, and Bank & Minehart, for Union-Designated Trustees of International Organization Masters, Mates and Pilots Pension and Welfare Plan, a trust, appellees.
Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Justice Nix. Concurring Opinion by Mr. Justice Roberts. Concurring and Dissenting Opinion by Mr. Justice Manderino.
In 1956 twelve members of Local 2 of the defendant union, International Organization of Masters, Mates and Pilots of America, instituted an action in equity against the union for improper expulsion. Preliminary objections were sustained by the trial court which held that its jurisdiction was preempted by that of the National Labor Relations Board. This Court overturned that ruling and remanded the case, 414 Pa. 277, 199 A.2d 432 (1964), cert. denied, 379 U.S. 840 (1964). Trial was had under a bifurcated procedure, on the issue of liability and, after two years, the defendant union was adjudged liable and a date for the trial on the damages issue was set.
Approximately two weeks after the assessment of damages proceeding began, a settlement was agreed upon by the union and eleven of the twelve plaintiffs, and on June 23, 1971, the decree was formally signed and filed. This decree commanded that the defendant union should make such payments to the Union's Pension and Welfare Plan as necessary to give the plaintiffs their normal pension according to the schedule set down in
the decree.*fn1 The date for such payment was July 1, 1971. On the appointed day the defendant union failed to comply with the provisions of the consent decree. The plaintiffs, appellants here, then filed a Petition for Contempt Citation wherein they prayed that the court hold defendant-appellees in contempt, direct them to comply forthwith with the consent decree, and impose an appropriate fine.*fn2 The employer and union designated trustees of the pension fund ...