25. The threat of an imminent strike or work stoppage by members of defendant Unions results in a substantial loss of revenue per day to plaintiff during the continuance of such threat and causes plaintiff to lose traffic which will be permanently and irrevocably diverted from plaintiff to other competitive forms of transportation.
Conclusions of Law
1. This Court has jurisdiction over the plaintiff and the defendants Transport Workers Union of America, AFL-CIO, Local Union 2013, Michael J. Quill, Eugene Attreed, Andrew Kaelin, C. A. Quigley, John W. Mellon, Jr., W. S. Usner, V. J. Elliott, E. D. Halstead, H.T. Flood, William Friel, Anthony Fanucchi and W. W. Wilson and over the subject matter of this action.
2. The disputes between the parties concerning Regulations 2-A-4 and 2-A-1(e) of the collective bargaining agreement have been submitted to arbitration pursuant to the provisions of the Railway Labor Act.
3. The disputes presently pending before the arbitrator involve the interpretation and application of an existing collective bargaining agreement.
4. A preliminary injunction is necessary to preserve the purpose and procedures provided for by the Railway Labor Act.
5. Immediate, irreparable and substantial injury will result to plaintiff unless an injunction is issued.
6. Greater damage would result to the plaintiff by denying this relief than would result to defendants by granting it.
7. Plaintiff has no adequate remedy at law.
8. The Norris-LaGuardia Act, 29 U.S.C.A. 101 et seq., does not prohibit this Court from enjoining the threatened strike in this case.
Order Entering Preliminary Injunction
And now, August 30, 1961, upon the basis of the Findings of Fact and Conclusions of Law filed herewith, It Is Ordered that defendant, Transport Workers Union of America, A.F.L.-C.I.O. (hereafter called TWU), defendant Local 2013, and individual defendants Michael J. Quill, Eugene Attreed, Andrew Kaelin, C. A. Quigley, John W. Mellon, Jr., W. S. Usner, V. J. Elliott, E. D. Halstead, H. T. Flood, William Friel, Anthony Fanucchi and W. W. Wilson, individually and as representatives of (a) all the membership of the United Railroad Workers Division of TWU, (b) all of the TWU Local Unions on plaintiff's system, and (c) all of the members of the TWU employed on plaintiff's system, and each of them, their agents, servants, attorneys and employees, and all persons in active concert or participation with them, be and they are hereby restrained and enjoined until final hearing and judgment, or until further order of this Court:
(1) From threatening or calling, from instigating, authorizing, encouraging, participating in, approving or continuing a strike or work stoppage against plaintiff, resulting from disputes over Regulations 2-A-4 and 2-A-1(e) of the collective bargaining agreement of October 15, 1960, heretofore submitted to an arbitrator, and from all acts in furtherance or in support thereof; and
(2) from picketing the premises on which the plaintiff conducts its operations, including the entrances and any other places where said premises are situated, from interfering with ingress to or egress from said premises including the delivery, unloading, loading, dispatch and movement of plaintiff's rolling stock and equipment and the contents thereof or from loitering or congregating at or near any approaches thereto and upon any public street or highway leading to and from any place which the employes of the plaintiff or those having business with the plaintiff desire to enter or leave enroute to or from said premises;
(3) The Court does not wish to preclude representatives of the litigants from making statements to the press, radio and television media relative to the issues involved in this proceeding. However, the Court suggests that in the interests of achieving a satisfactory conclusion to all concerned that restraint be practiced and that such statements be left to counsel of record pending final determination of the matter;
(4) Since the difficult problems as to both parties to this proceeding appear to emanate from the unavailability of the final report of the arbitrator, it is urged that both parties use all reasonable means to have that report filed at the earliest possible date.
And It Is Further Ordered that the said defendants take all steps within their power to prevent said threatened strike from occurring or from continuing if commenced.
Security in the amount of $ 5,000 shall be entered by plaintiff.
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