Of Local Union 390, International Brotherhood of Electrical Workers v. International Brotherhood of Electrical Workers

On May 31, 1966, the appellants filed an “Original Motion” seeking for themselves (and others similarly situated) separation from Local 390 of the IBEW, including a charter from the Brotherhood for a separate local. The District Court treated this pleading as a complaint. A union motion to dismiss was briefed and argued by both sides. By letter dated January 20, 1967, the Court notified the parties that it had concluded that defendant’s motion to dismiss should be granted for failure to state a claim upon which relief could be granted. The letter further stated, however, that before an order…