Harold Parish v. Ralph Legion, Business Agent

Plaintiffs-appellants, for themselves and all so-called “travelers” working within the jurisdiction of Local Union 357, International Brotherhood of Electrical Workers, AFL-CIO, brought this action against defendants-appellees, officers and members of Local 357, seeking a judgment declaring that appellants are entitled to all the rights of members in Local 357, as set forth in Section 101(a) (1), entitled “equal rights,” of the Labor-Management Reporting and Disclosure Act, (the Landrum-Griffin Act), 29 U.S.C. § 411 (a) (l). At the conclusion of plaintiffs’ case the court granted defendants’ motion for an involuntary dismissal pursuant to Rule 41(b) and directed the preparation of findings of fact and conclusions of law.

Appellants are members in good standing of the International Brotherhood of Electrical Workers through membership in various locals other than 357. They have been working as construction electricians within the geographic area of Local 357. They have not been accepted into membership and have not been permitted to vote in Local 357 elections or to vote at meetings on questions affecting their employment contract.

The district court found, inter alia, that (1)…