
    SCALLY v. COMMUNICATIONS WORKERS OF AMERICA (AFL-CIO) DETROIT LOCAL 4000
    Labor Relations — Exhaustion op Intraunion Remedies — Jurisdiction.
    Accelerated judgment for defendant union and its officers held, proper in an aetion by plaintiff union members to enjoin the holding of a union meeting, where plaintiffs had not exhausted their intraunion remedies, since the trial court had no jurisdiction of the action.
    References for Points in Headnote
    31 Am Jur, Labor § 68.
    Appeal from Wayne; Canham (James N.), J.
    Submitted Division 2 June 6, 1966, at Lansing.
    (Docket No. 1,497.)
    Decided July 12, 1966.
    Rehearing denied September 2,1966.
    Complaint by John Seally, Stanley Baranowski and Thomas Quinlan against Communications Workers of America UAW-CIO, Detroit Local 4000, Norman G. Mackay, Clarence Groesbeck, and John H. Livingstone to enjoin the holding of a union meeting. Accelerated judgment for defendants. Plaintiffs appeal.
    Affirmed.
    
      Robert J. Lawther (Edward P. Echlin, of counsel), for plaintiffs.
    
      Brennan, Walt & Guth (Alan Walt, of counsel), for defendants.
   Per Curiam.

Plaintiffs, members of defendant union, filed this action against the union and its officers but failed to allege that the appeal procedures of the union had been pursued. In their answer, defendants pleaded as an affirmative defense plaintiffs’ failure to exhaust intraunion remedies. Defendants then moved for accelerated judgment on the ground the court lacked jurisdiction of the subject matter, GCR 1963, 116.1(2), and the motion was granted. Plaintiffs appeal.

Kennedy v. UAW-AFL-GIO Local No. 659 (1966), 3 Mich App 629, controls. Affirmed, with costs to defendants.

J. H. Gillis, P. J., and Fitzgerald and Quinn, JJ., concurred.  