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LOCAL NO. 1

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


June 21, 1976

LOCAL NO. 1 (ACA), BROADCAST EMPLOYEES OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA; WILLIAM BENDER; MORTON BORROW; WALTER JOST; and ANTHONY EVASEW
v.
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA; FRANK E. FITZSIMMONS, GENERAL PRESIDENT; EDWARD NANGLE, VICE PRESIDENT; HIGHWAY TRUCK DRIVERS AND HELPERS LOCAL 107; LOUIS J. BOTTONE, PRESIDENT, LOCAL 107; and JOHN E. SMALLEY

The opinion of the court was delivered by: BECKER

EDWARD R. BECKER, J. INDEX I. Preliminary Statement 1 II. Res Judicata 7 III. The Applicability to this Case of the LMRDA 11 A. Local 1's Standing and IBT's Capacity as Defendant 11 B. Would the Acts Alleged in the Complaint Violate Labor's Bill of Rights? 15 IV. The Civil Rights Claims 19 A. Section 1983 19 B. Section 1985 19 1. Section 1985(2) 20 2. Section 1985(3) 21 C. Does the Existence of LMRDA Remedies Preempt Application of the Civil Rights Act in this Case? 25 D. Conclusion 28 IV. Findings of Fact 29 A. The Affiliation of the American Communications Association with the IBT 29 B. Local 1: Its Membership, Operations, and Organiza tional Efforts 30 C. The IBT Constitution and the Merger Power 34 D. The GEB Policy on Mergers; The "Track Record" and the Fate of Small Local Unions in the IBT 35 E. The Decision to Merge Local 1 and the Implementaion of that Decision 37 F. Bender, Former General President Hoffa, and the Hoffa Lawsuit 40 G. The Reasons for the Merger Order 42 H. The Matter of Irreparable Harm 46 VI. Discussion on the Preliminary Injunction Hearing 48 A. The Standard for Granting Preliminary Relief 48 B. Imminent Irreparable Harm; Effect on Third Parties and the Public Interest 49 1. Immience 49 2.Irreparability 49 3. Interests of the Public and Third Parties 50 C. Probability of Success on the Merits 51 1. The LMRDA Bill of Rights and Fiduciary Duty Provisions 51 2. Violation of Contract Under ยง 301(a) of the LMRA 52

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