modify the preliminary injunction issued in open court on October 13, 1972. In order to understand these motions, a review of the posture of the case will be helpful.
We issued a preliminary injunction at the conclusion of a final hearing on a permanent injunction held on October 11, 12 and 13, 1972. The preliminary injunction was simply an extension of a Temporary Restraining Order (TRO) issued by us on September 27, 1972, and was based on our tentative judgment that plaintiff had sustained the allegations made in the complaint. A hearing on the TRO was held on October 6, 1972, and the TRO was extended to October 12, 1972. The TRO was then further extended to October 13, 1972. The TRO essentially enjoined the defendants from engaging in any stoppage of work, interruption or disruption of operation at plaintiff's Morrisville plant, and other activities alleged to be in violation of a "no-strike" clause in the collective bargaining agreement between the parties. Subsequent to the issuance of the TRO, we held a final hearing terminating on October 13, 1972 to determine whether the subject matter of the dispute between the parties precipitating the strike or work stoppage on September 27 was a grievance which both parties were contractually bound to arbitrate. Boys Markets, Inc. v. Retail Clerks Union, 398 U.S. 235, 26 L. Ed. 2d 199, 90 S. Ct. 1583 (1970). Upon the conclusion of the final hearing on October 13, 1972 and the issuance of a preliminary injunction, the parties agreed to file memoranda on the law within two (2) days following the transcription of the notes of testimony which it was expected would be accomplished in about two weeks. At that time we would determine whether any further order of the court would be appropriate.
Meanwhile, defendants learned that plaintiff had decided to impose discipline effective October 23, 1972 by suspension for various periods from five (5) to forty (40) days of the 71 employees who had participated in the September 27, 1972 work stoppage. Furthermore, counsel for plaintiff has advised that the plaintiff and the International Union, the parent Union of defendant Union, have agreed to an expedited arbitration hearing, to be held on November 14, 15 and 16, 1972 of the issues involved in the suspension of the 71 employees who participated in the September 27, 1972 work stoppage. Thus, it would appear that the questions whether the September 27, 1972 work stoppage was in violation of the collective bargaining agreement, and whether the plaintiff had proper cause for disciplining the 71 employees for participation in that work stoppage and other conduct related thereto, will be heard and determined by the Arbitrator during the three days of hearings commencing November 14, 1972. Anticipating that plaintiff's action disciplining the 71 workers will cause the employees at the plant to strike, and thus be in violation of our October 13, 1972 injunction, the defendants have filed motions that we modify our injunction to prevent the plaintiff from taking any action
affecting the employment status of members of defendant union on the grounds of their actions occurring during and arising out of the work stoppage at the Morrisville plant on or about September 27, 1972 and thereafter.