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SHEET METAL WORKERS' INTL. ASSN.

July 28, 1994

SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, LOCAL UNION NO. 19 and THOMAS J. KELLY, In his capacity as President of the SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, LOCAL UNION NO. 19 and RAYMOND CREIGHTON, In his capacity as member of and delegate to SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, Plaintiffs
v.
SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION and LAWRENCE J. CASSIDY, In his capacity as General Secretary-Treasurer of the SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, Defendants



The opinion of the court was delivered by: BY THE COURT; MARVIN KATZ

 AND NOW, this 28th day of July, 1994, after a trial, the court finds as follows.

 Background

 This action concerns the representation of a local union at the general convention (the "Convention") of the defendant Sheet Metal Workers' International Association (the "Association") Plaintiff Sheet Metal Workers' International Association Local Union No. 19 (the "Local") has 2718 members. Under the first clause of Section 2(b) of Article 7 of the Association's Constitution (the "Constitution") the Local's membership would be entitled to twenty-seven (27) delegates to the Convention at the rate of one (1) delegate for each one hundred (100) members. However, the second clause of Section 2(b) of Article Seven (7) limits representation based on membership to no more than fifteen (15) delegates. Section 9 of Article Thirteen (13) states that, subject to Article Seven (7) the officers, business managers and business representatives of each local union shall be automatic delegates to the Convention. The Local has nine (9) automatic delegates.

 The issue is how many members of the Local may attend the convention as delegates. *fn1"

 Discussion

 The Local asserts that under the Constitution it is entitled to twenty (20) delegates to the Convention.

 The General Executive Counsel of the Association in its communication of July 19, 1994 declined to allow the Local more than fifteen (15) delegates to the Convention on grounds that the Local had fewer than fifteen (15) automatic delegates.

 The applicable provision of the Constitution is as follows:

 
In the event that the number of automatic delegates to the Convention by virtue of the provisions of Article Thirteen (13), Section 9 when added to the number of delegates permitted to each local union by virtue of this Section 2(b), equal or exceed fifteen (15) delegates, then and in that event, a local union shall be entitled to not more than an additional five (5) delegates, provided however, that such additional delegates are permitted only in accordance with the formula relating to the number of members per delegate as set forth in the first sentence of this Section.

 Section 2(b) of Article Seven (7). (emphasis added).

 BY THE COURT:

 MARVIN KATZ, ...


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