Capolino v. Matranga

Chief Judge Fuld (dissenting).

We are here concerned with the validity of a proposed amendment to a labor union’s constitution which would have the effect of removing from office officers originally elected for a fixed term before that term has expired. The present action was brought by a group of union members, dissatisfied with their present leadership, who seek to compel the officers of the union to call a special meeting for the purpose of adopting such an amendment. It appears that the plaintiffs have complied with all of the procedural requirements attendant on the calling of such a…