422 F.2d 342 (2nd Cir. 1970), 370, Gleason v. Chain Service Restaurant

Docket Nº:370, 34024.
Citation:422 F.2d 342
Party Name:James GLEASON, Plaintiff-Appellee, v. CHAIN SERVICE RESTAURANT, Luncheonette & Soda Fountain Employees Union, Local 11 of the Hotel & Restaurant Employees and Bartenders International Union, AFL-CIO, Fred Ferrara and George Papalexis, Defendants-Appellants.
Case Date:February 05, 1970
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 342

422 F.2d 342 (2nd Cir. 1970)

James GLEASON, Plaintiff-Appellee,

v.

CHAIN SERVICE RESTAURANT, Luncheonette & Soda Fountain Employees Union, Local 11 of the Hotel & Restaurant Employees and Bartenders International Union, AFL-CIO, Fred Ferrara and George Papalexis, Defendants-Appellants.

No. 370, 34024.

United States Court of Appeals, Second Circuit.

February 5, 1970

         Argued Jan. 7, 1970.

         Milton Horowitz, New York City (Burton H. Hall, New York City, on the brief), for plaintiff-appellee.

         Harold Luxemburg, New York City (Luxemburg & Yudenfriend, New York City, on the brief), for defendants-appellants.

         Before LUMBARD, Chief Judge, FRIENDLY, Circuit Judge, and MANSFIELD, District Judge. 1

         PER CURIAM:

         This is an appeal from the grant of an injunction ordering defendants to restore plaintiff Gleason to membership in defendant union. The court below found that the procedures followed in the expulsion proceedings violated the standards

Page 343

established by § 101 of the Labor Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 411 (1964). We affirm.

         On August 31, 1967, defendant Papalexis filed with the union written charges against Gleason in which he alleged Gleason had committed various acts of misconduct and malfeasance while serving as union business agent. After requesting details of the charges, plaintiff on October 4, 1967 was furnished a bill of particulars, and a hearing was set for October 16, 1967. At this hearing before a trial committee consisting of five union members, Gleason was permitted to cross-examine witnesses and to call witnesses of his own. The trial committee found plaintiff guilty of the first eight charges, and of four of the seven items in the ninth charge. As punishment, it recommended Gleason's expulsion from the union coupled with a permanent ban on his holding any union office. Three days later, the local's Executive Board adopted the trial committee's report and voted unanimously for expulsion. The general membership of the local, at a meeting held on December 5, 1967, approved the reports of the trial committee and the Executive Board, and the following day plaintiff received notice of his expulsion. After an internal appeal which proved unsuccessful, he brought the present action for injunctive relief in the district court under the jurisdiction conferred by section 102 of the...

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