In Re McDermott

1) ORDER GRANTING PETITIONER’S APPLICATION FOR TEMPORARY INJUNCTION UNDER SECTION 10(3) OF THE NATIONAL LABOR RELATIONS ACT AND 2) TEMPORARY INJUNCTION

The court, Judge Robert J. Timlin, has read and considered petitioner James J. McDermott (“Petitioner”), Regional Director of Region 31 of the National Labor Relations Board (“Board”)’s application for a temporary injunction under Section 10(j) of the National Labor Relations Act (“Act”), 29 U.S.C. § 151 et seq. (“Section 10(j)”), respondent employer Dura Art Stone, Inc. (“Dura Art Stone”) and respondent union Amalgamated Industrial Workers Union, Local 61 (“AIWU Local 61”) (collectively, “Respondents”)’ oppositions, and Petitioner’s reply. Additionally, the court has read and considered the amicus curiae brief filed by the United Electrical, Radio and Machine Workers of America (“UE”), and Respondents’ oppositions thereto. Based on such consideration, the court concludes as follows:

I.

BACKGROUND

On June 5, 1990, AIWU Local 61 was certified by the Board as the exclusive collective-bargaining representative of Dura Art Stone employees at its facility in Fontana, California, in the following bargaining unit: finishing employees,…