Opinion
Civil Action No. 00 C 7265
March 22, 2001
PRELIMINARY INJUNCTION
1. This case is before the Court following issuance of a mandate from the Seventh Circuit Court of Appeals directing this Court to issue a Preliminary Injunction enjoining defendants International Association of Machinists and Aerospace Workers, et al. ("IAM"), IAM District Lodge 141-M ("District Lodge 141-M"), IAM Local Lodges 1487 (Chicago), 1781 (San Francisco), 1886 (Denver), and 2294 (Indianapolis) (collectively "Local Lodges"), the individually named Defendants, and all persons and organizations acting in concert therewith, from calling, permitting, instigating, authorizing, encouraging, participating in, approving or continuing any form of interference with United's airline operations, including but not limited to any strike, work stoppage, sick-out, slowdown, work to rule campaign, concerted refusal to work overtime, or other concerted refusal to perform normal mechanical operations in violation of the Railway Labor Act, 45 U.S.C. § 151 et seq. (the "RLA").
2. Plaintiff United Air Lines, Inc. ("United") is a "common carrier by air" engaged in the transportation of freight and passengers in intrastate and interstate commerce throughout the United States. IAM is a labor organization that is the exclusive bargaining representative of United's mechanics. District Lodge 141-M is the body authorized by IAM to negotiate the collective bargaining agreement between the mechanics and United. The Local Lodges are authorized to act on behalf of the IAM with regard to local matters. The individually named Defendants are members of the negotiating committee or officers of District Lodge 141-M or the Local Lodges.
3. It has been made to appear by the Complaint for Injunctive Relief and Damages with accompanying affidavit filed herewith, and by the Plaintiff's Motion for a Preliminary Injunction and accompanying materials, that a Preliminary Injunction should issue because United is likely to succeed on the merits of its claims that Defendants are violating the RLA, and because immediate, substantial and irreparable damage, injury or loss will result to United before a hearing on its request for a permanent injunction can be had. If the disruptive activity set forth in paragraph (1) above is continued, United will suffer an incalculable loss of revenue, as well as the loss of public goodwill which it can never recover. Further, United will lose traffic which it may never regain in its airline system, and may be compelled to curtail substantially or eliminate transportation services which will deprive large numbers of the public of essential service, all of which will cause irreparable damage and injury to United for which it has no adequate remedy at law, as well as serious and substantial damage to the public interest.
4. It further appears to the Court that if the Preliminary Injunction is issued, the injury, if any, to Defendants herein, if final judgment be granted in their favor, will be inconsequential when compared with the loss and hardship which United and the public will suffer if the Order is not issued and, furthermore, that any such injury suffered by Defendants will be adequately indemnified by bond.
THEREFORE, upon the arguments of counsel and for the reasons stated on the record as findings of facts and conclusions of law,
IT IS ORDERED that the Defendants, and each of them, their members, agents and employees, and all persons and organizations acting by, in concert with, through or under them, or by and through their orders, are hereby enjoined, pending a hearing on the permanent injunction in this matter, from calling, permitting, instigating, authorizing, encouraging, participating in, approving or continuing any interference with United's airline operations, including but not limited to any strike, work stoppage, sick-out, slowdown, work to rule campaign, concerted refusal to work overtime, or other concerted refusal to perform normal mechanical operations in violation of the RLA, 45 U.S.C. § 151 et seq.
IT IS FURTHER ORDERED that IAM, District Lodge 141-M, the Local Lodges, and the individually named Defendants shall take all reasonable steps within their power to prevent the aforesaid actions, and to refrain from continuing the aforesaid actions if commenced, including but not limited to the following:
(a) Instructing all IAM-represented mechanics employed by United to resume their normal working schedule and practices, and providing Plaintiff a copy of all such instructions;
(b) Notifying all IAM-represented mechanics employed by United, by the most expeditious means possible, of the issuance, contents and meaning of this Preliminary Injunction, and producing a copy of all such messages to Plaintiff;
(c) Including in such notice a directive from IAM to those mechanics who are engaging in a slowdown, work to rule campaign, refusal to work overtime, or other concerted refusal to conduct mechanical operations in the normal manner to cease and desist all such activity and to cease and desist all exhortations or communications encouraging same upon pain of fine, suspension, or other sanction by IAM (this notice in no way is meant to have any impact upon each mechanic's usual diligence in providing safety for all aircraft);
(d) Posting the notice described above to IAM's internet web sites, and providing a copy of the notice to the Plaintiff; and
(e) Including the contents of such notice on all recorded telephone hotlines under control of Defendants, or any of them, and providing a copy of all messages to the Plaintiff.
IT IS FURTHER ORDERED that IAM, District Lodge 141-M, the Local Lodges, and the individually named Defendants report by 12:00 noon on March 26, 2001, by sworn affidavit, the methods used to effect the notice described above to all IAM-represented mechanics, and furnish to the Court copies of all notices required to be furnished to the Plaintiff by Defendants under this Order.
IT IS FURTHER ORDERED that this Preliminary Injunction shall remain in effect until final judgment is issued on Plaintiff's request for a Permanent Injunction.
This Preliminary Injunction is issued on the condition that a bond be filed by Plaintiff herein on or before March 26th, 2001, in the sum of $25,000 and that Defendants shall recover from the Plaintiff under said bond all costs and damages, if any, suffered by them in the event that Plaintiff does not succeed in this action.
SO ORDERED.