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Duris v. Iozzi

Decided: December 15, 1949.

JOHN J. DURIS ET AL., PLAINTIFFS,
v.
JOSEPH IOZZI ET AL., DEFENDANTS



Stein, J.s.c.

Stein

Local 441 is a local trade union whose primary purpose is the representation of employees of Phelps Dodge Copper Products Corporation in collective bargaining. United Electrical, Radio and Machine Workers of America, International Union (hereinafter called UE) became an affiliate of the Congress of Industrial Organizations (hereinafter called CIO) on November 16, 1938, pursuant to the issuance of a certificate of affiliation by the CIO. Local 441 was chartered on December 10, 1940, by the UE-CIO while UE was an affiliate of CIO.

In its organizing campaign preceding the formation of Local 441, UE-CIO sought support by virtue of its affiliation with CIO, advertising that affiliation and its ability to protect

and advance the interests of the Phelps Dodge employees by drawing on the moneys, personnel, experience and prestige of CIO.

Prior to the time that UE-CIO attempted to become the bargaining agent for the employees of the company, the employees were represented by an independent union known as Bayway Copper Products Employees Association. One of the arguments urged in support of organizing a local of UE-CIO was the advantage to be gained by affiliation with an international union affiliated with the CIO as contrasted to affiliation with an independent union.

Pursuant to an election conducted by the National Labor Relations Board on March 6, 1941, United Electrical, Radio and Machine Workers of America affiliated with the Congress of Industrial Organizations was certified by said Board as the exclusive bargaining representative of the employees of the company. The designation that appeared on the ballot in said election read "United Electrical, Radio and Machine Workers of America, CIO." A copy of the original Notice of Election with sample ballot was received in evidence.

Membership application cards were distributed to the employees of the company prior to the aforesaid election. The union in which the employees accepted membership, according to the designation that appeared on said card was "United Electrical, Radio and Machine Workers of America affiliated with the Congress of Industrial Organizations." Appeals for membership in the union then seeking to represent the employees were based upon its affiliation with CIO and membership application cards distributed read "CIO cards."

The constitution of UE-CIO received in evidence on the inside cover designates the union as "United Electrical, Radio and Machine Workers of America (UE) affiliated with the Congress of Industrial Organizations." The flag of the local union received in evidence bears the letters "CIO." All the stationery, insignia and other printed matter refer to Local 441 as being affiliated with UE-CIO.

On or about November 2, 1949, CIO expelled UE-CIO on grounds of defiance by UE of CIO policy in organizational

economic and political matters. At the same time CIO chartered a new international union known as International Union of Electrical, Radio and Machine Workers, CIO (hereinafter called IUE-CIO). IUE-CIO is now the only national organization affiliated with CIO, with CIO jurisdiction to represent employees in the electrical, radio and machine industries.

Immediately prior to the expulsion of UE from CIO, the possibility of such expulsion was the subject of discussion among the members of Local 441 and concern with respect to the future of the local in the event of such expulsion was expressed. Meetings of Local 441 were held in three shifts on November 3 and 4, 1949, after the expulsion of UE-CIO, for the purpose of considering the position of the local with respect thereto. These meetings were called pursuant to notice. At these meetings the membership, by a vote of approximately 800 to 30, voted in favor of disaffiliating itself from UE and in favor of affiliating with IUE-CIO. Local 441 thereupon applied to IUE-CIO for a charter which ...


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