6965 Of Local 147, Chicago, against the action of D. C. 14, declaring carried the proposition for the levying of an assessment to provide funds for the publication of official bulletin of the Council.

Sustained. The proposition came clearly under the provisions of Section 181 of the constitution-a twothirds vote was necessary for its adoption.

6976 Of Bro. M. T. McDonnell, of Local 247, of Salem, against the action of some of the members of said local refusing to work with him.

Not sustained.

6979 Of Brothers Philip Abramovitz, Max Spahn, Harry Singer, Sam Silverman, against fine imposed by D. C. 9, New York City.

Sustained. The trouble was due in part to the refusal of the employer to permit D. C. 9 or its business agent to appoint a foreman for the shop or job. Neither the constitution of the Brotherhood nor the constitution and by-laws of the Council give the D. C. the right to appoint a shop or job foreman. That is a prerogative of the employer.

6980 Of Bro. C. G. Bowden against fine imposed by Local 170, of Augusta, Ga.

Sustained.

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6994

trial.

Case remanded; to be given new

46, and Wm. P. Vollmer, of L. U. 115, of St. Louis, against the action of D. C. 2 fining them and debarring them from serving as business agents of the Council for a certain period.

Not sustained.

Of Bro. Edw. L. Roe, of L. U. 481, of Hartford, Conn., against the action of said local levying assessment on all members of local for campaign of member for office.

Sustained.

7051 Of Bro. Wm. C. Raphael, of L. U. 848, against fine imposed by D. C. 9, of New York City, and request that he be granted a new trial.

7057

7060

Not sustained.

Of Brothers Ole Swenson and Carl Johansen against fine imposed by D. C. 41, of Pittsburg, Pa.

Not sustained.

Of Bro. Sam Poltrock, of L. U. 261, of New York City, against the action of D. C. 9 in fining him and debarring him from the Fetherson shop for one year.

Not sustained. G. E. B., however, considers the penalty unduly severe and recommends the striking out of that part of it which bars the appellant from the shop for one year.

7064 Of Bro. F. Schmerer, of L. U. 905, New York, N. Y., against fine imposed by D. C. 9.

7009 Of Bro. Clarence R. Murray, of L. U.. 1, of Baltimore, Md., against fine imposed by said local.

7070

Not sustained.

7023

Of Bro. Jeremiah Coleman, of L. U. 11, of Boston, against action of D. C. 41in expelling him.

Council should have granted member a special dispensation, permitting him to continue to work for the city of Boston for less than the scale demanded from employers and which members who are physically fit are required to collect.

7024 Of Bro. Harry Smith, of L. U. 490, New York, against fine imposed by D. C. 20, of Westchester Co., N. Y.

G. E. B. unable to consider appeal as it was not submitted within the 60 day limit prescribed in Section 162 of the constitution.

7029 Of Bro. Oscar T. Chell against the

7031

action of L. U. 61, St. Paul, Minn., fining him, debarring him from holding office and denying him the privilege of the floor for a period of one year. Not sustained.

Of Bro. Wesley E. George, of L. U. 479, of Pittsburg, Pa., against the action of Local No. 823, Albuquerque, N. M., in refusing to issue him a clearance card until he paid the difference between the initiation fee which he paid to Local 479 and the initiation fee of Local 823.

Not sustained.

Sustained.

Of Brothers John Reisbeck, Chas. Duft, Raymond Hessidence and Jos. Litzenberger against fine imposed by D. C. 1, of Pittsburg.

Not sustained.

7072 Of Local Union 1006 against the action of D. C. 29, of Brooklyn, N. Y., permitting resolutions submitted by L. U. 280, of Brooklyn, to be spread on its minutes.

Not sustained.

7077 Of Brothers H. W. Pyle and H. E. Dicks against ruling of President H. P. Barron, of L. U. 460, of Hammond, Ind., that trial of Brothers Gnass and Lucke was illegal, and ordering case remanded for new trial.

Not sustained.

7078 Of Local Union 335, Cairo, Ill. against the action of Local 124, Centralia, in admitting to membership P. C. Marable, contractor, also R. E. Long, Harvey Garner, Fred Simmons and Carl Bass.

Membership of P. C. Marable, R. E. Long, Harvey Garner and Fred Simmons must be canceled, they having made misstatements when applying for admission to membership. They should be admitted to membership in L. U. 335 upon the payment of its initiation fee. Carl Bass should transfer to Local 335, as he is now

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6895

6898

Local granted, (1) jurisdiction over Bloomfield and Glenridge; (2) over Verona, Caldwell, Essex Fels and Cedar Grove for the time being. G. E. B. reserves the right to place a charter in either of the last named localities should conditions make it advisable-the consent of L. U. 241 not to be necessary.

Of L. U. 490, New York, N. Y., for ruling as to whether it shall collect from Bro. A. Weissman $35.00 which he collected from L. U. 905 upon a voucher issued by D. C. 9; said amount having been charged to the account of the Council by Local 905.

L. U. 490 is not required to collect the $35.00 in question.

Of L. U. 54, Evanston, Ill., that suspension of Bro. C. D. Smith of June 30, 1917, be set aside.

6932 Of D. C. 9, New York, (1) that the G. E. B. forward "a complete copy of the papers in the case of Meyer Solomon vs. the Brotherhood; (2) whether the G. E. B. will defend the action of Solomon against D. C. 9 and L. U. 1011.

(1) The General Office will furnish the Council with copies of any papers that it needs in preparing its defense in the suit entered by Meyer Solomon. The case in the Trial Court and in the Appellate Court of the County of New York is covered in the printed record prepared for the Court of Appeals of the State of New York and will be found in the records of the Court of Appeals. A copy of the deci

sion of the Court will be found in the records.

(2) As the Brotherhood is not a party to the suit entered by Meyer Solomon against D. C. 9 and L. U. 1011 the Executive Board does not feel justified in undertaking the defense. 6935A Of L. U. 250, White Plains, N. Y., for ruling as to the constitutional legality of the action of D. C. 20 in notifying its affiliated local unions to vote upon the question, "Shall the D. C. adopt a set of by-laws and abolish all local union by-laws?"

6941

Council erred in submitting resolution as it conflicts with Section 7 of the General Constitution.

Of D. C. 1, of Pittsburg, for ruling as to whether Bro. Knoellinger was eligible to election as treasurer of the Council.

In order to comply fully with the constitution and by-laws of the Council a new election should be held for the position of treasurer.

6955 Of Local Union 92, of Pasadena, that the due books of former members of that local who transferred to Local 202, of Los Angeles, without obtaining a clearance card, by instructions of the General Executive Board, be taken up and their membership annulled.

Not granted. Action was taken in good faith and in compliance with instructions given by General Executive Board (the Board having declared the charter of Local 92 revoked and believing such action was legal

and in effect.) The Board grants that L. U. 92 is entitled to refund for per capita tax paid upon members who transferred by instructions and without obtaining clarence card, for the three months prior to the time upon which the books of Local 92 showed them three months in arrears and subject to suspension. The General Secretary-Treasurer to ascertain the number of members upon whom tax must be refunded.

6966 Of D. C. 22, Twin Cities, Minn., for ruling as to the eligibility under bylaws of Council of a member serving as an officer of his local union and who receives his dues in payment for such services, to hold a salaried position in the D. C.

The member is eligible to hold both positions.

6967 Of L. U. 820, of Kansas City, Mo., for ruling as to constitutional validity of Section 39 of the local's by-laws which provides that helpers shall not be eligible to nomination or election as officers.

Any member who pays full dues is entitled to hold office, if otherwise eligible under the constitution.

6984 Of various local unions, that the Brotherhood again make application for affiliation to the Railway Department of the A. F. of L.

Application accompanied by initiation fee has been filed. Fifth G. V.-P. Swick will attend convention of the Department in support of application. (To be continued)