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October 30, 1962

George PHILLIPS and Jacobus Aleman, Plaintiffs,

The opinion of the court was delivered by: WORTENDYKE

The jurisdiction of this Court in this action is invoked under section 102 of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 412. The verified complaint, filed February 23, 1962, is in three counts, complaining of violations of plaintiffs' 'bill of rights' guaranteed by the Act, and praying for a judicial directive setting aside proceedings resulting in plaintiffs' expulsion from membership in the defendant Local, and plaintiffs' restoration to full membership therein. Upon return of the order to show cause allowed upon the filing of the complaint, directing the defendants to show cause why they should not be restrained and enjoined from expelling the plaintiffs from membership in the Local, testimony was adduced and other evidence presented, which extended over a protracted period of time. During the course of these proceedings, the parties entered into a stipulation in open court on May 9, 1962, the terms of which are set forth in the margin. *fn1"

 The trial de novo and intra-union review procedures, made available to the plaintiffs pursuant to the provisions of the aforesaid stipulation, resulted in a final determination that the plaintiffs were guilty of certain of said charges. Joint Council No. 73 determined that plaintiffs should be suspended for a two-year period, and that the period of suspension should commence on February 8, 1962. The General Executive Board of the International, upon review, reduced the suspension, stating that it should terminate on December 31, 1962, and that plaintiffs should be reinstated to full membership as of January 1, 1963.

 Being dissatisfied with the decision of the intra-union body which tried the charges against the plaintiffs de novo, as modified and affirmed by the International, plaintiffs applied for and obtained on September 21, 1962, a further order to show cause why the preliminary relief by them initially sought in this cause under their verified complaint should not be made available to them.

 On October 9, 1962, the defendants applied for, and obtained an order to show cause 'why the verified complaint and order to show cause heretofore signed by this Court (pursuant to plaintiffs' application) should not be dismissed.' The return of both orders to show cause was adjourned until October 24, 1962, when they were heard together by this Court.

 Defendants' position is, as I understand it, that plaintiffs' suit should be dismissed for failure to exhaust the required union administrative appellate procedures established by its Constitution, before initially applying to this Court, and they argue that the subsequent utilization of such avenues of relief pursuant to the stipulation of May 9, 1962, is ineffective to cure the deficiency. The stipulation referred to (footnote 1 supra) granting to plaintiffs the right to receive a trial de novo and to appeal therefrom if they so desired, was entered into by counsel for both sides, of their own volition. Pursuant thereto, plaintiffs received a trial de novo before the Joint Council 73, and appealed the decision of that body to the International, which rendered its modification thereof prior to October 24, when defendants orally argued this motion to dismiss. I find that plaintiffs have availed themselves of all intra-union appeals, and the fact that they did so pursuant to stipulation after the complaint herein had been filed is of no consequence. Accordingly, defendants' order to show cause is dismissed.

 Plaintiffs contend that the evidence presented before Joint Council 73 which tried the charges against the plaintiffs de novo, failed to support that body's finding that the plaintiffs were guilty of the charges referred to. Plaintiffs, therefore, presently contend that this Court has jurisdiction to, and should set aside, the decision of Joint Council No. 73, together with the affirmance thereof by the International with respect to the guilt of the plaintiffs, and should afford to the plaintiffs a hearing before this Court upon the issue of guilt, upon evidence produced by or in behalf of the plaintiffs in support of their application for the preliminary injunctive relief prayed for in their complaint. In sum, plaintiffs ask this Court to review the evidence presented before Joint Council 73, to determine whether it was sufficient to support the findings of that body, and if not, to set aside those findings and the penalties imposed, as modified, and direct the immediate reinstatement of the plaintiffs to full membership in the Local union.

 It is conceded by the plaintiffs that, in the proceedings afforded to them pursuant to the stipulation for trial de novo and review, they received the equivalent of due process of law. They contend, however, that the findings by Joint Council 73 of guilt of the plaintiffs on the charges preferred against them by their fellow-member Andretta, amounts to a deprivation of the rights guaranteed to the plaintiffs by the Act, and that this Court is authorized and required to review and set aside that determination and restore the plaintiffs to the membership status which they enjoyed prior to the initial institution of disciplinary proceedings against them upon said charges.

 Section 102 of the Act (29 U.S.C. § 412) authorizes a person whose rights are secured by the provisions of the 'bill of rights' subchapter of the Act, to bring a civil action in a United States District Court 'for such relief (including injunctions) as may be appropriate.' 29 U.S.C. § 411(a)(5) provides that 'no member of any labor organization may be fined, suspended, expelled, or otherwise disciplined except for nonpayment 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.' It appears without contradiction that the plaintiffs in the case before me were duly served with written specific charges and were given a reasonable time to prepare their defense. There remains the question whether they were 'afforded a full and fair hearing.'

 'All that a union member is entitled to in any controversy between him and the union is a fair hearing.' Smith v. General Truck Drivers etc. Union, Local 467, D.C.Calif. 1960, 181 F.Supp. 14, 17, cited and quoted in Rosen v. District Council No. 9, D.C.N.Y. 1961, 198 F.Supp. 46, 48. In determining whether the plaintiffs in the present case were afforded a 'fair hearing' the Court is neither authorized nor required to weigh the evidence presented to the union disciplinary body, or to substitute its judgment for that of the union body respecting the credibility of the witnesses or the weight of the evidence.

 In the domain of judicial appellate review of factual decisions of trial courts, the principle is well established that the appellate court will not retry issues of fact, or substitute its judgment for that of a trial court; and the power of a court or of an administrative agency to decide doubtful questions of fact within the limits of its jurisdiction, is not confined to deciding them correctly, or in conformity with what might be the views of an appellate court. Coates v. Commissioner of Internal Revenue, 8 Cir.1956, 234 F.2d 459; Cities Service Oil Co. v. Harvey, 10 Cir.1945, 148 F.2d 780. The power of a union local to adopt a constitution and by-laws and to provide therein for penal disciplinary proceedings against members of the local, was recognized before the Labor-Management Reporting and Disclosure Act became effective. In cases in which jurisdiction over the parties has been acquired, courts have undertaken to review the propriety of such intra-local disciplinary proceedings and, in doing so, have adhered to the principle that the decisions of intra-union trial bodies in disciplinary proceedings before them, pursuant to the provisions of the constitution and by-laws of labor organizations, are final and conclusive, and binding upon a reviewing court as far as findings of fact are concerned. International Association of Machinists, etc. et al. v. Friedman, 1958, 102 U.S.App.D.C. 282, 252 F.2d 846, cert. den. 357 U.S. 926, 78 S. Ct. 1370, 2 L. Ed. 2d 1370; Riverside Lodge No. 164 v. Amalgamated Association of Iron, etc. Workers, etc. et al., D.C.Pa.1935, 13 F.Supp. 873. Our research fails to disclose a case factually similar to that at bar, in which findings of fact by an intra-local disciplinary hearing body, under the Act, have been reviewed by a court. The application in the present case of a more liberal rule than that followed by an appellate court in passing upon the sufficiency of evidence to support the judgment of a trial court, would be unwarranted. However, we turn to the evidence which was presented on the trial de novo of the charges against the plaintiffs before the Executive Board members of Teamsters Joint Council 73, on June 26, 1962. A transcript of the testimony adduced upon that hearing has been admitted in evidence in the proceedings before this Court.

 The charges before that body against Phillips were as follows: Violation of his responsibilities as a member of the Local; conduct interfering with the performance of the Local's legal or constitutional obligations; gross disloyalty or conduct unbecoming a member; abuse of fellow members or officers by oral communications in the meeting hall; activities tending to bring the Local or the International into disrepute; disobedience of the rules, regulations, mandates and decrees of the Local and of the International; and disorderly conduct in a union meeting. *fn2" Similar charges were preferred against Aleman, and to all of the charges preferred against them, each of the plaintiffs had pleaded not guilty.

 The trial body found both plaintiffs guilty of conduct unbecoming a member, in the form of oral abuse of fellow members and officers in the meeting hall, disobedience of the rules and regulations of the Local, and disorderly conduct in the union meeting. The trial body found in particular that Phillips stood up for about a half four, yelling and shouting at a fellow member, while the latter had the floor and was trying to explain a motion which he had made; that neither plaintiff permitted the fellow member to speak, but continued to shout and raise their voices; that they refused to sit down when called to order by the chairman on several occasions; that Phillips punched a fellow member in the face and body, creating an incident which resulted in disorder; and that when the sergeant-at-arms of the meeting, under the direction of the Local president, was requested to restore order, he was assaulted by Aleman, who struck him with a chair; and that the actions of both plaintiffs caused a riot at the meeting requiring the intervention of municipal police forces for the restoration of order.

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