(DOWNLOAD) "Rochester Telephone Corp. v. Communications Workers of America" by United States Court of Appeals for the Second Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Rochester Telephone Corp. v. Communications Workers of America
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 03, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
The court below, after denying a preliminary injunction to enjoin a strike sought by appellee on Boys Markets grounds, enjoined appellant union and unidentified members from intentionally cutting telephone cables and destroying company property. This was done on the court's own motion and perhaps without requiring the posting of an injunction bond.1 This injunction was plainly issued erroneously, not only because there was no evidence connecting the union or its members with the cable cutting, United Mine Workers of America v. Gibbs, 383 U.S. 715, 738-39, 16 L. Ed. 2d 218, 86 S. Ct. 1130 (1966); 29 U.S.C. §§ 106, 107(a), but also because there was no allegation, proof or finding that "". . . the public officers charged with the duty to protect [the company's] property are unable or unwilling to furnish adequate protection."" 29 U.S.C. § 107(e). Appellee concedes that the injunction was issued improvidently, but argues that the appeal is moot, and has moved to dismiss the appeal, because the strike which gave rise to the injunction ended on September 8, 1971, a new contract has subsequently been ratified and there have been no further incidents of cable cutting or the like. The injunction is still outstanding, however, and even if the only issue related to appellants' right to damages from its issuance, the case would not be moot. Liner v. Jafco, Inc., 375 U.S. 301, 305-06, 11 L. Ed. 2d 347, 84 S. Ct. 391 (1964).
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