The High Court is to be asked to restrain the ATGWU and its general secretary, Mr Bill Morris, from removing from office its Irish regional secretary, Mr Michael O'Reilly, and its Irish organiser, Mr Eugene McGlone.
Mr Justice Herbert was told yesterday that both officials had 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 ATGWU.
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 ATGWU members, said ILDA's joining the union had led to a dispute between the ATGWU and the Services, Industrial, Professional and Technical Union (SIPTU).
He said his clients, Mr Albert McCready, 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 ATGWU.
They contended that the manner in which Mr Morris had been dealing with the Irish region of the union breached the 1975 Trade Union Act and, as a result, disqualified the ATGWU from holding a licence to negotiate on their behalf and represent their interests.
Such disqualification meant they no longer enjoyed the immunities from legal action during industrial disputes carried out under the aegis of the union.
Mr Forde said Mr McCready and Mr Kelly believed that within the next few weeks Mr Morris would try to dismiss Mr O'Reilly and Mr McGlone from the service of the union.
Mr Justice 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 began in October.
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, he said.