Around February of 1908, calls for a special convention began to circulate. They were dismissed by International Secretary Collins because they cited the wrong clause in the Constitution. Collins sought a legal opinion from Boston attorney, Louis Brandeis (who was later appointed to the Supreme Court of the United States). Brandeis' opinion agreed with Collins and the opinion was printed in the Electrical Worker in August 1908.

A lineman from Local 39, Cleveland, through distortion, brought a lawsuit against the Brotherhood, (there were no appeals to be followed at this time), which forced a convention to be held on September 15, 1908, and tied up some eighty thousand dollars in IBEW funds.

At the special convention, the organization split with the larger number of members siding with Reid-Murphy, who were elected by the majority of members present. Reid-Murphy immediately sought and were granted a court injunction against the Treasury of the IBEW The McNulty-Collins group sought and received an injunction against Reid-Murphy form seizing the International Office. After a cooling off period, Samuel Gompers and the A.F. of L. tried unsuccessfully to reconcile the two groups in 1909 appointing members of affiliated organizations to mediate.

It is generally conceded that the Reid-Murphy faction controlled three quarters of the organized electrical workers in this country and Canada.

During this period, the McNulty-Collins faction was only able to remain in business through donations of Local Unions who held fast with the inside representative.

Finally, in 1912, (five years after submitted), it was decreed that the executive board had no power to call a special convention and that Peter Collins had not been derelict in refusing to submit the referendum convention calls.