are labor organizations within the meaning of the Act.
4. The Defendants are the collective bargaining representatives of plaintiff's hourly paid production and maintenance workers.
5. Industrial peace requires a prompt resolution of disputes.
6. The work stoppage which began in plaintiff's Cambria Division mines on April 11, 1974, and which is continuing at the present time in all of said plaintiff's mines were differences which arose between the defendants and the employer which all parties were contractually obligated to resolve under the terms of the National Bituminous Coal Wage Agreement of 1971, and, in particular the section denominated Art. XVII "Settlement of Disputes, Sec. (b) Grievance Procedure" and Art. XX "Maintain Integrity of the Contract". The Contract by its mandatory grievance procedure precludes a strike over a dispute of this kind. Accordingly, the defendant Unions' resort to a strike and work stoppage was in violation of that contract. See Gateway Coal Co. v. United Mine Workers, 414 U.S. 368, 94 S. Ct. 629, 38 L. Ed. 2d 583 (1974).
7. Because this strike and work stoppage causes immediate and irreparable harm and injury, loss and damage to the plaintiff, and for the additional reasons that the court believes that breaches of the Contract by the Union will continue unless an injunction is issued, the court is of the opinion that an injunction is appropriate in the premises. Boys Markets, Inc. v. Retail Clerks Union of Local 770, 398 U.S. 235, 26 L. Ed. 2d 199, 90 S. Ct. 1583 (1970).
8. Since defendants are unwilling to voluntarily implement internal methods of preventing work stoppages, federal labor policy favoring labor peace requires the issuance of an injunction to guarantee their compliance with the provisions of the collective bargaining agreement.
9. The defendant Unions are responsible for the mass action of their members.
10. Plaintiff has suffered irreparable harm and injury and will continue to suffer irreparable harm and injury as a result of the violation of the 1971 Labor Agreement by the defendant Unions and their members. An award of damages cannot possibly compensate plaintiff for the loss of coal production resulting from these work stoppages or strikes.
11. Plaintiff has no adequate remedy at law for the refusal of the defendant Unions and their members to utilize the procedures to which the parties agreed for settling differences or disputes.
12. Greater injury will be suffered by the plaintiff from the denial of a preliminary injunction than will be suffered by the defendant Unions and their members from its issuance.
13. From the evidence as presented, there is a reasonable likelihood that the plaintiff will succeed at the final hearing on the merits of this case.
And now this 17th day of April, 1974, after notice and hearing of the continuance of the temporary restraining order granted April 12, 1974 as a preliminary injunction, and after hearing testimony thereon, it is hereby ordered that the temporary restraining order granted April 12, 1974 by the Honorable Hubert I. Teitelbaum, District Judge, be and the same is hereby continued in full force and effect as a preliminary injunction until further Order of this Court.
Copies of this Order may be served by attorneys for the plaintiff or their representatives.
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