The Union's governing board lost its attempt to gain an injunction against Crockett when a judge last week threw the case out of court. The judge argued that "irreparable harm had not been done to the union," and that the case was not strictly an internal union matter because "Harvard should be joined as a necessary third party," Joseph Flynn, HUERA's attorney, said this week.

The union made overtures to the University to discuss the unfair labor practice suit after it lost its suit against Crockett. One administration source said recently, "They're being conciliatory because they lost the case. How can the union go to the NLRB and expect to win an unfair labor practice when the union's president is testifying for the company?"

HUERA's attorney Flynn denied that the union's decision to sit down with Harvard was prompted by its failure to remove Crockett as president. "The NLRB is obligated to encourage labor peace--and the union is willing to make an honest effort to settle this thing."

But before the suit against Crockett by the union failed, Flynn acknowledged that, "The president (Crockett) is running haywire. We'll be in a much better position once the union's president is gone--that is, if we can get a restraining order."

The union encountered difficulty with the University, Flynn said, because Harvard refused to recognize Crockett's resignation. "The fact is, he resigned," Flynn added.

But Powers said he never received written notice that HUERA's president had resigned, adding that when he spoke with Crockett, he was told that "the union's executive board held a meeting to accept his resignation without inviting Charlie. He said he had retracted his resignation."

The unfair labor practice suit climaxed a six-month struggle between the University and the union, which represents about 550 workers, including about 500 custodians and 50 security guards.

Soon after HUERA agreed to a three-year contract last February, two executive board members, vice-president Bonislawski and shop steward Edward Gardin, filed a grievance against Harvard on behalf of two part-time workers promoted to full-time jobs and placed at the bottom of the full-time seniority scale.

Powers said the decision to put promoted part-timers at the lowest rung on the seniority list was a union proposal left ambiguous during bargaining sessions. Bonislawski this week vigorously denied that the union forwarded such a proposal.

HUERA's executive board, including Crockett, voted not to pursue the grievance on behalf of part-time workers. Bonislawski and Gardin complained of harassment and filed a grievance of their own, charging that Harvard had punished them for attending meetings as union representatives.

After the grievance alleging harassment for union activity passed the University's final stage before arbitration, HUERA voted to file an unfair labor practice suit with the NLRB rather than send the case to arbitration.

The unfair labor practice suit filed this summer, alleges that:

* Harvard discriminated against Bonislawski and Gardin in late March for "engaging in union activity";

* Paul Smith, manager of custodial services for Buildings and Grounds (B & G), "threatened" Bonislawski on April 5 for attending a grievance hearing to represent a worker, quoting Smith as saying, "You better watch your step"; and,

* William Lee, personnel administrator for B & G, "threatened" Gardin for union activity, saying Gardin was told he "could go as far as he wanted to, but could also be terminated,"