Deacon

MEMORANDUM OPINION SETTING FORTH GROUNDS FOR DECISION

In this action the Court has filed a minute order dated March 31, 1967, by the terms of which it is provided that plaintiff will be given judgment, holding that plaintiff’s expulsion by defendant International Union of Operating Engineers, Local No. 12 (hereinafter referred to as defendant Union) was unlawful and that plaintiff is entitled to restoration to membership in defendant Union. This memorandum sets forth the reasons for the Court’s decision.

By the issues defined in the pretrial conference order and the supplement to such pretrial conference order, plaintiff sued defendants charging his unlawful expulsion from defendant Union and for judgment, adjudicating that such expulsion was unlawful and that plaintiff is entitled to be restored to membership in defendant Union. The facts and issues concerning such expulsion and the affirmance of the expulsion by the General Executive Board of the International Union (hereinafter referred to as General Executive Board), of which defendant Union is a local branch, are set forth in the supplement to the original pretrial conference order in which supplement the parties stipulated…