John A. Edsberg and S. W. Buchanan v. Local Union No. 12 of the International Union of Operating Engineers

Appellants petitioned for an injunction below. When this was dismissed because no claim was stated, they sought this review.

Appellant are two members of Local Union No. 12 of the International Union of Operating Engineers (hereinafter sometimes referred to as Local Union 12). Both Local Union 12 and the International Union are appellees here and defendants below.

At a meeting of Local Union 12 held on December 3, 1960, (at which some six hundred members were present) it was voted that any change in the By-Laws of Local Union 12 (required by the passage of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C.A. § 401 et seq., effective December 14, 1959) was postponed to a date after the anticipated election of new officers in June 1961.

This special meeting was subsequent to a partially completed referendum vote by mail on proposed new By-Laws, which changes, appellants assert, were for the purpose of benefiting the executive board and business manager of Local Union 12. Upon objection made to the International President, he set aside the partially completed vote by mail. Thereafter, contrary to the express vote for delay in such amendments, made at the special…