Cole v. Hall
Decision Date | 07 January 1965 |
Docket Number | No. 140,Docket 29087.,140 |
Citation | 339 F.2d 881 |
Parties | John J. COLE, Plaintiff-Appellee, v. Paul HALL, individually and as President or Al Kerr, as Secretary-Treasurer, or Earl Shepard, as Vice-President, or Cal Tanner, as Executive Vice-President, of the Seafarers International Union of North America — Atlantic, Gulf, Lakes and Inland Waters District, Defendants-Appellants. |
Court | U.S. Court of Appeals — Second Circuit |
Burton H. Hall, New York City, for plaintiff-appellee.
Robert M. Saltzstein, Brooklyn, N. Y. (Jack L. Kroner and Howard Schulman, New York City, on the brief), for defendants-appellants.
Before LUMBARD, Chief Judge, and HAYS and MARSHALL, Circuit Judges.
Defendants — officers of the Atlantic, Gulf, Lakes and Inland Waters District of the Seafarers International Union of North America — appeal from an order enjoining them from excluding plaintiff, John J. Cole, from the rights of union membership. Cole was expelled for making derogatory remarks concerning the union officers in a resolution offered at a union meeting. He brought suit in the District Court for the Eastern District of New York, alleging violation of his right of free speech as secured by § 101 (a) (2) of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 411(a) (2). Jurisdiction was based on § 102 of the Act.
Cole sought an injunction pendente lite restoring him to membership in the union. Judge Dooling, after a hearing in which he considered affidavits and the documentary evidence purportedly supporting the union's action, found that defendants had infringed plaintiff's rights under § 101(a) (2) of the Act. He also found that they had violated § 101(a) (5), which requires a union to give adequate notice and a fair hearing to a member before disciplining him. Accordingly, he granted the requested injunction. We affirm the judgment of the district court.
The resolution offered by Cole at the regular meeting of the union on August 6, 1962 consisted for the most part of a series of "Whereas" clauses which enumerated alleged instances of undemocratic actions and short-sighted policies on the part of the union officers. Cole's expulsion was based on two of these:
These allegations were followed by several specific proposals for changes in hiring procedures for union members.
Cole was charged with violation of a union rule proscribing "deliberate and unauthorized interference or deliberate and malicious vilification with regard to the execution...
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LOCAL NO. 1 (ACA), ETC. v. IBT, C., W. & H.
...Compare Cole v. Hall, 35 F.R.D. 4, 8 (E.D.N.Y. 1964) (no § 412 cause of action for conspiracy), aff'd on two other grounds, 339 F.2d 881 (2d Cir. 1965), and 462 F.2d 777 (2d Cir. 1972), aff'd, 412 U.S. 1, 93 S.Ct. 1943, 36 L.Ed.2d 702 (1973); with Gleason v. Chain Service Restaurant Local 1......
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...conduct constituting a tort, such a claim is not cognizable under the Act." Cole v. Hall, 35 F.R.D. 4, 7 (E.D.N.Y. 1964), aff'd, 339 F.2d 881 (2d Cir. 1965) (citing Tomko v. Hilbert, 288 F.2d 625, 629 (3d Cir. 1961) ("Private misconduct which incidentally may frustrate appellant's rights as......
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Hall v. Cole 8212 630
...injunction restoring respondent's membership in the union, and the United States Court of Appeals for the Second Circuit affirmed. 339 F.2d 881 (1965). Some five years later, the case came on for trial and the District Court, finding a violation of respondent's rights under § 101(a)(2), ord......
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