International Sound Technicians of the Motion Picture, Broadcast & Amusement Industries, Local 695 v. International Alliance of Theatrical Stage Employees & Moving Picture Machine Operators

Appellants James Osburn and International Sound Technicians of the Motion Picture, Broadcast and Amusement Industries, Local 695 (collectively referred to as Local 695 for purposes of this opinion) appeal from a contempt citation issued because of their failure to comply with the provisions of a final judgment entered on May 4,1977. From the original case, appellants Timothy Mitchell and Local 695 challenge the validity of the May 4 judgment. 1 Both cases have been consolidated for this appeal. We affirm in part, and remand in part.

I. Statement of the Case

International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada (IATSE) is an international union of which Local 695 is a member. IATSE is also recognized by the National Labor Relations Board (NLRB) as the exclusive bargaining agent for its member locals.

As exclusive bargaining agent, IATSE negotiates two different types of contracts. First, it negotiates a general agreement which sets forth the basic employment structure for all of its member locals. Separately, IATSE conducts negotiations for tentative local agreements which incorporate both provisions from the…

dissenting.

I respectfully dissent. First, I believe the original action was arguably not within the jurisdiction of the district court inasmuch as the basic claim for relief was predicated on an alleged violation of the international constitution and by-laws. Stelling v. Int. Broth, of Elec. Workers, 587 F.2d 1379 (9th Cir. 1978), cert. denied, 442 U.S. 944 , 99 S.Ct. 2890 , 6Í L.Ed.2d 315 (1979).

Second, I resent the manipulation of the judicial process by the international union (IATSE) and the employer (AMPTP). The original action was brought by Local 695 against IATSE and AMPTP for declaratory relief. IATSE imposed a trusteeship on Local 695 and took over control of the action. Members of Local 695 brought suit to dissolve the trusteeship and to regain control of their union and their lawsuit. Meanwhile, the principal action under control of the trustee was settled, and as soon as this was accomplished, in the companion action IATSE agreed to dissolve the trusteeship on May 5, 1977 and to return control of the Local Union to its members. The final judgment approving the settlement agreement was entered on May 4, 1977. Thus it is purest sophistry to emphasize that the…