process for the protection of their membership rights. Section 101(a)(5), violation of which is complained of here, provided one of the so-called 'rights' referred to.
The greater preponderance of the evidence in this case impels me to the conclusion that the plaintiffs have suffered impairment and deprivation of the rights guaranteed to them by the Act through the actions of United and Local 69. It is perfectly clear to me that the strenuous opposition of Local 69 to the admission of the plaintiffs to membership therein is a manifestation of hostility on the part of the former members of Local 14, instigative of an effort to exclude the admission of the plaintiffs from membership in Local 69, and thereby prevent the plaintiffs from becoming candidates for local office in the successor local. The situation presented is, in substance, an attempt by one intra-local faction to eliminate from local affairs an opposing faction of the same local. If such an attempt were to receive the approval of this Court, the purpose and object of the statutory guarantee designed to protect the plaintiffs in the enjoyment of their rights as union members would be completely and effectively thwarted.
I, therefore, determine that United, its officers, boards, members, and others having authority under its constitution, refrain from directing Local 69 to continue to exclude the plaintiffs from membership in United and in Local 69, and from collaborating with said Local in its attempts to exclude plaintiffs from membership therein. I further direct that Local 69, its officers, boards, members and other bodies having authority under its constitution, shall forthwith, upon compliance by the plaintiffs or any of them with the requirements of United's letter of June 13, 1960 (which they assert have already been complied with), accept into membership of said Local 69 each of the plaintiffs in the present action who may indicate his desire therefor, and accord to him all rights and benefits under the constitution of United to which any other former members of Local 14 may have become entitled through their acceptance into such membership.
This opinion is in lieu of, but shall be deemed to constitute findings of fact and conclusions of law, and an order may be submitted not inconsistent with the findings and conclusions hereinabove expressed.