232 N.E.2d 667
Nos. 130197, 130527Court of Common Pleas, Montgomery County.
Decided November 16, 1967.
Labor Union — Recall of officer — Procedure — Merit of charges not an issue — Subsequent action not decisive.
In an action by a union officer for an injunction preventing denial of his rights as such officer because of a procedure shown to be totally unauthorized and contrary to law, neither the merits of the charges against the plaintiff nor of any action concerning reinstatement are issues.
Messrs. Young, Pryor, Lynn, Strickland Falke and Mr. James T. Lynn, Jr., for plaintiff.
Messrs. Bieser, Greer Landis and Mr. Douglas K. Ferguson,
for defendant.
BRENTON, J.
The court, upon the motion of the plaintiff filed November 3, 1967, consolidated cases numbered 130197 and 130527 on the docket of this court for further hearing upon the merits and final determination.
The court finds from the evidence that the recall of the plaintiff from his office of President of the N.C. R. Employees’ Independent Union by the National Executive Committee of said Union, the defendants herein, on July 11, 1967, was unwarranted, unauthorized, arbitrary, capricious and contrary to law.
The court has examined the Constitution and Bylaws of the Union. Its terms and conditions having to do with “Recall of Officers” is plain, explicit and unambiguous. The procedure employed by the defendants, which upon the record is not in dispute, in removing the plaintiff from
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his office was the usurpation of power by force as if by right.
The merit of the charges made against the plaintiff resulting in his unlawful removal cease to be an issue.
Inasmuch as the removal of the plaintiff was void and of no force and effect from the beginning the subsequent action taken with respect to the vote for reinstatement of the plaintiff, followed by the vote to reconsider the vote on reinstatement, is of little or no consequence, hence the issues thereby alluded to by the parties are not decisive of the rights of the plaintiff.
Plaintiff has suffered irreparable injury and is without an adequate remedy at law.
It is therefore ordered, adjudged and decreed, that the defendants shall forthwith reinstate the plaintiff to his office as President of the N.C. R. Employees’ Independent Union, together with all the privileges and rights of said office.
It is further ordered, adjudged and decreed that the defendants and each of them be and they are hereby restrained in every manner and form from preventing or interfering with the plaintiff in exercising all the rights, privileges, duties and prerogatives appertaining to his said office as such president.
It is further ordered that defendant, Harlan K. Sims, be and he is hereby restrained from acting as President of the Union and from asserting any prerogatives or rights of such office.
It is further ordered that the clerk of this court direct two certified copies of this judgment to the Sheriff of Montgomery County, Ohio, with instructions to serve the same on William F. Taylor, Jr., National Secretary of the N.C. R. Employees’ Independent Union, or his successor, if any, 1106 Brown Street, Dayton, Ohio, and the Sheriff shall make due return thereof as in other cases.
It is further ordered that said secretary of said union deliver forthwith to the National Cash Register Company one of the copies of this judgment and inform said company that plaintiff is the duly constituted President of the
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N.C. R. Employees’ Independent Union for the purpose of negotiation under the agreement between said company and said union.
It is further ordered that the defendants recognize plaintiff as president of said union and therein and thereby permit him to forthwith assume his office, including entrance into, and use of, the headquarters of the union.
Further it is ordered that the aforesaid secretary of said union forthwith cause notice of this judgment to be given to each member of the executive committee and cause said decree to be entered in the executive committee’s minutes or record at the next meeting thereof.
Further it is ordered that the defendant union restore unto the plaintiff his salary as such president of said union, retroactive to the date it was discontinued.
Costs in each case are ordered taxed to the defendant union.
Exceptions to any adverse orders or ruling are hereby noted.