(N.T. 93-4; see also the telegram of the presidents of both railroads (P-4) and there is no contradiction of the plaintiff's evidence through Mr. Alexander, its Director of Labor Relations, that at this time it has taken no action toward reducing its work force in anticipation of the merger. (N.T. 64-5.) Mr. Attreed's affidavit and testimony (N.T. 94, et seq.) on behalf of the union show only its concern that these results will ultimately follow. Accordingly it is urged by the plaintiff that since there is no proof of immediate irreparable injury to the defendants no conditions may be attached to the injunction it seeks. We need not now decide what the ultimate standard may be and its application to plaintiff's motion or defendants' cross-motion. The injunction plaintiff seeks will restrain a strike threatened to be called next week. Any conditions now imposed would deal only with matters that are still far away in the future, if they exist at all. Our Decree will permit application to be made for such relief should later developments reveal the imminence of a real and substantial threat of layoffs in anticipation of the merger.
Action on Requests
The Facts and the Law as stated in the foregoing Opinion shall be deemed Findings of Fact and Conclusions of Law.
In addition, the parties have stipulated their agreement to plaintiff's Requests for Findings of Fact Nos. 1, 2, 3, 4, 5, 16(a) and 17(a). They are affirmed.
The parties have also stipulated their agreement to defendants' Requests for Findings of Fact Nos. 1, 2, 3 (as modified by the parties), 4, and 6 (as modified by the parties) to which we add at the end thereof, "or as a result of the proposed merger". They are affirmed.
We also affirm plaintiff's Requests for Findings of Fact Nos. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16(b), with the substitution of "important" for "imperative", 17(b) (as modified by plaintiff), 18, and 21.
We also affirm defendants' Requests for Findings of Fact Nos. 8, 9, 10, and 12 (as modified by defendants).
We affirm plaintiff's Requests for Conclusions of Law Nos. 1, 2, 3, 4, 5, 6, 7, and 9.
We affirm defendants' Request for Conclusion of Law No. 2.
All other Requests by either party are severally denied.
We are entering a Preliminary Decree in conformity with this Opinion.
AND NOW, January 30, 1962, after hearing on plaintiff's motion and defendants' cross-motion for preliminary injunction, plaintiff's motion is granted and defendants' cross-motion is denied;
AND IT IS HEREBY ORDERED AND DECREED that defendant, Transport Workers Union of America, A.F.L.-C.I.O. (hereinafter 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, W.W. Wilson, Joseph Singleton and Dominick Barone, 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 acting in 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 authorizing, encouraging, furthering, supporting, participating in, approving or continuing any strike or work stoppage, or slow down against plaintiff; and
(2) from picketing the premises on which the plaintiff conducts its operations, 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 congregating at or near any approaches thereto.
AND IT IS FURTHER ORDERED AND DECREED that the said defendants take all steps within their power to prevent said threatened strike or work stoppage from occurring or from continuing if commenced.
Security in the amount of $ 5,000 shall be entered by plaintiff.
Jurisdiction of this cause is retained for the purposes of enabling any of the parties to apply to the Court for such further orders and directions as may be necessary or appropriate for the modification of any of the provisions of this Decree, or for the enforcement of compliance with its terms, or for the addition of any condition to this Decree.