Donovan Construction Company of Minnesota, a Corporation v. Construction, Production & Maintenance Laborers Union Local 383

Good Law
533 F.2d 481·92 L.R.R.M. (BNA) 2068·1976 U.S. App. LEXIS 12145
United States Court of Appeals for the Ninth CircuitMarch 29, 197674-3238California2,068 words

Opinion

Opinion

Sneed, J.

This case is before is on appeal from the grant of a permanent injunction against Construction, Production & Maintenance Laborers Local 383 (Laborers) restraining Laborers from engaging in any strike, work stoppage, or threat of strike or work stoppage over matters subject to resolution by procedures contained in labor agreements binding Laborers and appellee Donovan Construction Company (Donovan). Laborers challenges the issuance of this injunction on three grounds: (1) they contend that the issue was moot when presented to the District Court; (2) they urge that the court below violated the Norris-LaGuardia Act with its grant of injunctive relief; (3) they argue that the trial court exceeded its jurisdiction by granting an overly broad restraining order. For the reasons set forth below, we affirm in part and reverse in part.

The action leading to the contested injunction arose out of a work stoppage on a large construction job in Phoenix, Arizona, with respect to which Donovan was the general contractor. Donovan, a Minnesota-based construction firm, employed about fifteen employees represented by Laborers at the time of the dispute. Its relationship with Laborers was on…

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