District Council Of Painters, No. 16 Of Alameda, Et Al. Counties, v. Painters Union Local 127

415 F.2d 1121 72 L.R.R.M. (BNA) 2252 DISTRICT COUNCIL OF PAINTERS, NO. 16 OF ALAMEDA, ET AL. COUNTIES, Defendants-Appellants, v. PAINTERS UNION LOCAL 127, Painters Union Local 560, Painters Union Local 1178, Sam Caponio, Wallace Rood, Dale Ball, James L. Brown, Ted Carty, Lee Lopez andMorris Komie, Plaintiffs-Appellees. No. 22742. United States Court of Appeals Ninth Circuit. Aug. 27, 1969. Phillip J. Smith (argued), and Paul Paduck, of Smith, Parrish, Paduck & Clancy, Oakland, Cal., for appellants. Francis J. McTernan (argued), of Garry, Dreyfus, McTernan & Brotsky, San Francisco, Cal., for appellees. Before BARNES and MERRILL, Circuit Judges, and KILKENNY, District judge. * PER CURIAM: 1 Appellees seek to enjoin appellants from collecting a dues increase imposed by the appellants in 1966. The District Court granted the injunction and this appeal followed. 2 The District Court held the dues increase to be in violation of 101(a)(3) of the Labor Management Reporting and Disclosure Act of 1959, 29 U.S.C. 411(a)(3). 1 The question presented on this appeal is whether the 1966 increase amounted to an increase in the rate of dues over that payable by appellees on the effective…