International Longshoremen's & Warehousemen's Union, Local 34 v. Cargill, Inc.

MEMORANDUM OPINION AND ORDER GRANTING PRELIMINARY INJUNCTION

The complaint in this action, filed April 20, 1973, seeks confirmation and enforcement of an arbitration award issued by Dr. Lincoln Fairley on April 9, 1973. Jurisdiction of this matter is conferred under § 301 of the Labor-Management Relations Act, 29 U.S.C. § 185 , and under the National Arbitration Act, 9 U.S.C. § 9 . The parties agreed, by their “Memorandum of Understanding,” dated November 30, 1972, to submit their dispute to arbitration in order to end picketing of defendant’s operations. The question decided by Dr. Fairley was:

After two days of hearings and full briefing, Dr. Fairley answered the question in the affirmative.

Defendant has not, and from all indications does not intend to comply with the arbitration award, absent a mandatory preliminary injunction, until the Court has decided the merits of the complaint. It is defendant’s position that the Court does not have jurisdiction to grant preliminary relief, and that in any event, a preliminary injunction is not appropriate in this case because plaintiff has failed to demonstrate that irreparable harm would occur if such relief were denied.

The…