This is an action by Nelms, a former business agent of Local 211,
A jurisdictional dispute between the pipefitters and boilermakers developed during the progress of work being done under a union contract at a Sinclair refinery in Pasadena, Texas. United directed Griffin, who had supervisory jurisdiction in Texas, to make adjustments, give orders, and make rulings to adjust the dispute. Griffin met in the offices of Local 211 in Houston, Texas, with representatives of the contractor, the Local's Business Manager, a job steward and Nelms. During the course of the meeting Nelms verbally abused Griffin and physically attacked him. Griffin preferred charges with United against Nelms. The Union's Hearing Officer found Nelms guilty of violating his oaths as a union member and as an officer by his abusive and violent conduct. He was also found guilty of attempting to thwart Griffin in the discharge of his official and constitutional union duties. He was found not guilty of engaging in obstructionist tactics against the decision of the Union's General President concerning the Sinclair job. In due course the union's General Executive Board upheld the findings of the Hearing Officer.
We summarily dispose of Nelms' threshold complaint of loss of union office and ineligibility to stand for office in the June, 1968, elections. The trial court properly held that section 411 does not include actions for reinstatement to union office as distinguished from union membership. Davis v. Turner, 9 Cir. 1968, 395 F.2d 671; Grand Lodge of Int'l Ass'n of Machinists v. King, 9 Cir. 1964, 335 F.2d 340, cert. denied, 1964, 379 U.S. 920, 85 S.Ct. 274, 13 L.Ed.2d 334; Air Line Stewards & Stewardesses Ass'n, etc. v. Transportation Workers Union, 7 Cir. 1964, 334 F.2d 805, cert. denied, 1965, 379 U.S. 972, 85 S.Ct. 648, 13 L.Ed.2d 563. Furthermore, since the election has now been conducted, questions of candidacy and right to hold office may only be raised in a suit by the Secretary of Labor under Section 402 of Title IV of the Labor-Management Reporting and Disclosure Act, 29 U.S.C.A. § 482. Calhoun v. Harvey, 1964, 379 U.S. 134, 85 S.Ct. 292, 13 L.Ed.2d 190.
Nelms asserts three errors in the denial of his application for temporary mandatory injunction to restore him to full union membership. He first argues that the District Court erred in finding that the union charges against him, on which he was given a hearing, were not defective. Nelms does not claim a lack of specificity in the charges but contends
Nelms next complains of lack of fundamental fairness in the disciplinary hearing. He would have preferred to have been charged for other offenses under the by-laws of Local 211 because the punishment provisions for such offenses are less severe, but he does not dispute the fact that the charges were properly filed under United's constitution. Nelms wanted his hearing to be held in a large hall instead of in hotel rooms; wanted a month's continuance of the hearing because of his wife's illness instead of the one week he received; and was displeased with certain questioning and with the rule, applied to both parties, that cross-examination questions be propounded through the Hearing Officer. Finally, and without any support in the record, Nelms accused the Hearing Officer as being "somewhat less than partial." We find the contentions of Nelms to be without merit. Nelms was personally present at the hearing. He was not denied available witnesses. His defense was in no way denied or limited. There was substantial evidence to support the findings of the Hearing Officer which were approved by the Executive Board. Our review of the findings is limited in nature, and we must exercise a sound reluctance to interfere in internal union affairs. Cf. Allen v. International Alliance, etc., supra; Vars v. International Brhd. of Boilermakers, 2 Cir. 1963, 320 F.2d 576.
Finally, Nelms contends that the District Court erred in holding that the evidence did not support a claim of conspiracy.