Evening star., 1960-07-21
TRANSFERS

unless the TeamSter leader ap-
peals further.
The trial is tentatively sched-
uled to begin in October, when
Judge Jackson returns from
Europe.
Although the appellate court
said it could not grant the
extraordinary relief" requested
by Mr.. Hoffa to prevent the
trial, it indicated that it will
welcome an appeal after the
trial If Judge Jackson orders
Mr.. Hoffa ousted.
Under '5S Decree
Our denial Of extraordinary
relief does not imply disagree
ment with the petitioners Mr.
Hoffa's and the unions) con-
tentions should they arise on
direct appeal" the three-judge
court said in its opinion.
Any disciplinary action
against Mr.. Hoffa. the court
said, would have to be within
the terms of the 1858 District
Court decree establishing the
membership. This decree. the
court said. does not specifically
grant power to the District
Court to select or remove Off
GERS of the union.
Furthermore, the court said,
national labor policy and law
rely on the principle that union
members have the right to
choose their own officers.
In seeking to block the trial,
Mr.. Hoffa contended that
Judge Jackson has no author
ity to remove Teamster off,
GERS. The monitors replied that
Mr.. Hoffa's custer would be
only one Of several actions
Judge Jackson could take.
Dubious on Removal
The Court of Appeals said the
District Court has authority
to establish proper fiduciary
standards" requiring Teamster
officers to safeguard the unions
funds. But the appellate court
indicated that it doubts re-
moval of officers by the court
is a'proper method of enforcing
these standards.
The ruling seemed to indicate
that Judge Jackson could order
Mr.. Hoffa to comply with fidu-
ciary standards and could pun
ish him for contempt of court
if he refused to obey the order.
Federal District Judge F..
Dickinson Let's established the
board of monitors in January,
1858. to settle a suit by in
Surgent members of the union
who charged that Mr.. Hoffa's
election as president the pre-
vious fall was "rigged." The
compromise allowed Mr.. Hoffa
to take Office as provisional
president, under surveillance by
the three-man board of mon
itors.
The majority of the monitors
contend that Mr.. Hoffa has
violated the 1858 compromise
decree and so has forfeited his
right to hold Office. The Court
of Appeals by implication re-
jected this theory.
On the question of Mr..
Hoffa's custer and other issues
he raised, the Court of Appeals
indicated some sympathy for
his arguments. but concluded
that intervention now with a
writ of mandamus would not
be justified.
The union also asked the
Court of Appeals to issue writs
OF mandamus ordering Judge
Let's to authorize calling of an
immediate union convention,
at which Mr.. Hoffa would seek
reelection in his own right,
free of supervision by the moni-
tors and the courts.
The petition charged that the
monitors and Judge Let's have
failed to do their duty in draft
ing election rules and taking
other action called for by the
1858 decree. Their failure. the
union said, has unjustifiably
delayed a convention at which
the unions 1.6 million mem
bers would regain control of
their organization.
Monitors Blame HOffa
The monitors contended that
Mr.. Hoffa has obstructed their
efforts to reform the union and
thus clear the way for a clean
convention.
Under terms of the 1858 de-
cree, the board of monitors will
go out of existence when a con-
vention and election are held.
The Court of Appeals said ut
is not clear to us" that a con-
vention must be delayed until
the union complies with all its
obligations under the 1858
decree.
But, the court continued, the
legal briefs do not show con-
clusively whether a convention
should be held now. and there
fore the unions petition was
denied.
The court said 1t may "be-
come appropriate" for it to
appoint a special master or take