The opinion of the court was delivered by: Shadur, District Judge.
MEMORANDUM OPINION AND ORDER
Sam Denov and Burl Lane ("plaintiffs") are members of the two
defendant labor unions, American Federation of Musicians of the
United States and Canada ("AFM") and its local affiliate, Chicago
Federation of Musicians, Local 10-208, AFM ("CFM"). At its June
1980 annual convention AFM adopted a membership dues increase. In
this action plaintiffs claim that increase was enacted in
violation of three provisions*fn1 of the Labor Management
Reporting and Disclosure Act of 1959 ("LMRDA"), 29 U.S.C. § 411-415.
AFM has moved to dismiss the complaint in its entirety.
For the reasons stated in this memorandum
opinion and order AFM's motion is granted in part and denied in
AFM's membership comprises nearly 300,000 professional
musicians. CFM is one of some 500 AFM local unions that send
delegates to AFM's conventions, in accordance with Article 5 of
the AFM Constitution (the "Constitution"):
All locals of 200 members or less shall be entitled
to one delegate. All locals of not less than 201
members and not more than 400 members shall be
entitled to two delegates. All locals of more than
400 members shall be entitled to three delegates. A
merged local . . . shall be entitled to one
Under that provision CFM, a merged local with 11,156 members, was
entitled to 4 of the 994 delegates to the June 1980 AFM
Delegate voting at AFM conventions is conducted in three ways
under the Constitution and AFM by-laws (the "by-laws"):
1. Voting for AFM officers and delegates to the
national AFL-CIO convention is by secret ballot, with
each local allotted up to 10 votes, depending on the
size of its membership.
2. All other business is conducted by voice vote of
all delegates, subject to the roll call provision
3. Upon demand of 30 individual delegates or 15
locals, a roll call vote is conducted on proposed
amendments to the Constitution or by-laws. In such
voting each local casts as many votes as it has
Before the June 1980 convention AFM was experiencing financial
difficulties, in large part attributable to the expense of
conducting annual conventions.*fn3 Beginning in June 1979 AFM's
International Executive Board (the "Board"), the 1979 convention
finance committee and AFM's President considered various
proposals to correct the problem.
In the spring of 1980 the Board's "Recommendation No. 1,"
drafted by the President, was "filed" for consideration at the
June 1980 convention, and its text appeared in the May 1980 issue
of AFM's membership newspaper. Before the opening of the
convention the entire Board approved the draft with
modifications. In its final form "Amended Recommendation No. 1"
(the "amendment") called for a uniform work dues increase under
which each member's dues would be increased by 1% of his or her
scale wages.*fn4 Under the amendment each local in whose
jurisdiction such wages are earned collects the entire amount,
retains one-half for itself and distributes one-half to AFM. Any
local may petition the Board for a waiver of the increase.
On June 17, 1980 the amendment was "put to a vote" on the floor
of the convention. It was adopted by a voice vote, no demand for
a roll call having been made. Consequently CFM members are now
required to pay dues equal to 3% (rather than 2%) of their scale
wages. About 40 other locals have ...