The opinion of the court was delivered by: TROUTMAN
In this action presently before the Court, plaintiff, a former employee of the Reading Eagle and a former member of the Reading Typographical Union # 86 [the Union], has instituted this action against both his former employer and the Union. Plaintiff's action against his former employer is predicated upon Section 301(a) of the Labor-Management Relations Act, 29 U.S.C. § 185(a), under which he is seeking damages, reinstatement and attorney's fees for violation of the collective bargaining agreement then in existence between the employer and the Union. Plaintiff's cause of action against the Union, with which we are here concerned, arises under Section 101(a) (5) of the Labor-Management Reporting and Disclosure Act [LMRDA], 29 U.S.C. § 411(a) (5), for which jurisdiction is conferred by 29 U.S.C. § 412. Section 101(a) (5) of the LMRDA is contained in subchapter II of the LMRDA, entitled "Bill of Rights of Members of Labor Organizations", 29 U.S.C. §§ 411-415, and is concerned with safeguards against improper disciplinary actions. Section 101(a) (5) provides as follows:
"No member of any labor organization may be fined, suspended, expelled, or otherwise disciplined except for non-payment of dues by such organization or by any officer thereof unless such member has been (A) served with written specific charges; (B) given a reasonable time to prepare his defense; (C) afforded a full and fair hearing."
Specifically, plaintiff claims that he was disciplined, fined, and suspended by defendant Union, without being served with specific written charges, without being given a reasonable time to prepare his defense or afforded a full and fair hearing in violation of 29 U.S.C. § 411(a) (5). The facts underlying plaintiff's claim are set forth in the amended complaint, the affidavits of plaintiff and the president of defendant Union, Harold H. Boyer, and the latter's deposition, and are as follows:
Prior to November, 1971, plaintiff was a member in good standing of defendant Union and had been employed by the Reading Eagle Company as a journeyman linotype operator for more than three years. Sometime in November, 1971, several newspaper clippings were called to the attention of Harold H. Boyer [Boyer], the Union's president, which identified plaintiff as the owner of the Caravan Printing Company in Pottsville, Pennsylvania. On the basis of this information and other information furnished by several other employees, Boyer, on November 27, 1971, addressed the following letter to plaintiff:
"For operating a non-union printing establishment while holding a situation in the Reading Eagle-Times Chapel, I, as president, and in enforcing the laws of this union, am taking the following action against you:
(1) You will immediately cease to operate or do any work whatsoever in the Caravan Printing Co., 2nd and West Arch Sts., Pottsville, Pa.
(2) You must within forty-five (45) days of the above date divest yourself of any financial interest in the Caravan Printing Co.
(3) As of this date your name is ordered moved to the bottom of the priority list in the Eagle-Times Chapel and you will not be allowed to hold any priority until parts (1) and (2) of this letter are complied with. (ITU General Laws, Article V, Sec. 3, page 101).
(4) You must pay dues on all money earned at the Caravan Printing Co. for the years 1969, 1970 and 1971 at the rate in effect as of this date which is 5%. Your statement of earnings covering this period must be substantiated by W2 forms or federal income tax returns for 1969 and 1970, and for 1971 by a sworn statement from the person doing your bookkeeping or tax work. You have 20 days to pay dues so owed.
Failure to comply with any of the preceding four sections shall necessitate that I turn this matter over to the Union for further action.
Boyer was authorized to send this letter by the unanimous vote of the Executive Board, in a special meeting which was convened without notice to plaintiff and which was, therefore, conducted in his absence. As a result of plaintiff's failure to respond to the November 27, 1971, letter, Boyer again referred the matter to the Executive Board. The Board directed that the following letter dated ...