John D. Higgins, Jr., and Cross-Appellant v. Richard Harden, and Cross-Appellees

The International Association of Machinists and Aerospace Workers (IAM) and co-defendants appeal the district court’s order awarding back pay, other lost benefits and attorney fees to plaintiff Higgins. Higgins cross-appeals seeking additional attorney fees and general damages for emotional distress.

FACTS

Until June 7,1977, Higgins was employed as a union organizer for the Machinists Trade District Lodge 190 (District Lodge), an affiliate of the IAM. Floyd Smith was" International President of the IAM until June 30, 1977. Robert Simpson was at all times Vice President of the IAM. Richard Harden was employed by the IAM as a Grand Lodge Representative.

On March 14, 1977, Simpson sent a mail-gram- to President Smith, suggesting that District Lodge 190 be placed under the “supervision” of the IAM because the IAM did not agree with bargaining strategy adopted by Bud Williams, the directing Business Representative for the District Lodge. On March 22, Smith sent a letter to the officers of the District Lodge, informing them that (1) the IAM was exercising “supervision, direction and control” over the District Lodge, pursuant to Article VI, section 7 of the IAM constitution, (2) Vice…