Smith's Management Corp., D/B/A Smith's Food King and Smith's Food & Drug v. International Brotherhood of Electrical Workers, Local Union No. 357

The question in this case is whether the district. court violated the anti-injunction provisions of the Norris-LaGuardia Act, 29 U.S.C. §§ 101-115 (1982), in issuing a preliminary injunction restraining the International Brotherhood of Electrical Workers, Local Union No. 357 (the “Union”), from engaging in a secondary boycott against Smith’s Management Corporation (“Smith’s”), the operator of Smith’s Food King markets in Las Vegas, Nevada. The Union was involved in a dispute with Desert Valley Electric, a non-union subcontractor hired by the developer of a shopping center to do the electrical work on a new market to be leased by Smith’s. The Union distributed handbills asking Smith’s customers not to patronize Smith’s markets because Smith’s had failed to ensure that the new market would be built by union labor.

This court has jurisdiction of this appeal under 28 U.S.C. § 1292 (a)(1) (1982). We conclude that the issuance of the injunction violated the Norris-LaGuardia Act.

I

The district' court held that the anti-injunction provisions of the Norris-LaGuardia Act did not prevent the court from issuing injunctive relief because the controversy between Smith’s and the Union did…