The High Court is to be asked to restrain the AT&GWU and its General Secretary, Mr Bill Morris, from removing its Irish Regional Secretary, Mr Michael O'Reilly, and its Irish Organiser, Mr Eugene Mc Glone, from office.
Mr Justice Dan Herbert was told today that both Irish officials have been suspended on full pay by the London-based union because they and the Irish Regional Committee had allowed members of the Irish Locomotive Drivers Association (ILDA) to join the AT&GWU.
The court heard that a challenge would also be mounted to the continuing suspension of both officials.
Mr Michael Forde, SC, counsel for two Irish AT&GWU members, said ILDA's joining the union had led to a dispute between the AT&GWU and the Services, Industrial, Professional and Technical Union (SIPTU).
He said his clients, Mr Albert Mc Cready, of Emerald Square, Dublin, and Mr James Kelly, of Carrigeen Park, Waterford, claimed that as a result of the suspensions they had lost the protection of the AT&GWU.
Mr Forde said his clients contended that the way Mr Morris had been dealing with the Irish Region of the union breached the 1975 Trade Union Act and therefore disqualified the AT&GWU from holding a licence to negotiate on their behalf and represent their interests.
This meant they no longer enjoyed the immunities from legal action during industrial disputes carried out under the name of the union.
Mr Forde said his clients believed that within the next few weeks Mr Morris would try to dismiss Mr O'Reilly and Mr McGlone from the union.
Judge Herbert said the matter was not one of urgency suitable for a vacation hearing and he would gladly determine the case when the new law term begins in October.
He said that if, in the meantime, circumstances arose where Mr McCready and Mr Kelly had to withdraw their services from an employer the matter could be considered as one of urgency.