J. A. Jones Construction Co., and Bechtel Power Co., Intervenor-Plaintiff-Appellee v. Plumbers and Pipefitters Local 598

J. A. Jones Construction Co. (“Jones”) sought to enjoin, pursuant to Section 301 of the Labor Management Relations Act ( 29 U.S.C. § 185 ) fourteen unions from sympathy work stoppage allegedly in violation of the collective bargaining agreements between the parties. The district court granted Jones’ motion for a temporary restraining order, and Jones posted a $5,000.00 surety bond. Seven days later, Jones moved for a voluntary dismissal without prejudice and for exoneration of the bond; the unions cross-moved for award of costs and attorneys’ fees pursuant to Section 7(e) of the Norris-LaGuardia Act ( 29 U.S.C. § 107 (e)). The district court granted Jones’ motion, denied the unions’ motion, and the unions appeal. The principal issue is whether the district court erred in refusing to apply Buffalo Forge, which came down after the restraining order had issued, but before the court ruled on the unions’ motion. We answer affirmatively.

The appellants are unions whose members are the building and construction workers at Hanford Atomic Reservation, a nuclear energy research facility operated by the United States Energy Research and Development Administration. Jones is a construction…