Microtech Contracting Corp. v. Mason Tenders District Council of Greater New York et al
| Microtech Contracting Corp. |
| Mason Tenders District Council of Greater New York, John Does, Asbestos, Lead & Hazardous Waste Laborers' Local 78 and Edison Severino |
| 2:2014cv04179 |
| July 8, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F. Bianco |
| Gary R. Brown |
| Labor: Other |
| 29 U.S.C. ยง 185 Labor/Mgt. Relations (Contracts) |
| None |
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Filing
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ORDER re 7 Unsigned Order to Show Cause, filed by Microtech Contracting Corp., 8 Memorandum in Support filed by Microtech Contracting Corp. The Court lacks jurisdiction to enjoin defendants from posting an inflatable rat at plaintiffs wor k sites under the circumstances of this case, because the Norris-LaGuardia Act divests the Court of jurisdiction to issue injunctions in labor disputes, and expressly prohibits enjoining unions from engaging in activities that publicize a dispute wit h management. Moreover, even if the NLGA did not bar the issuance of the proposed injunction, the motion would fail because the use of an inflatable rat is not a breach of the plain language of the contract between the parties and, as a result, plain tiff has not shown a likely of success on the merits, or even sufficiently serious questions on the merits making them a fair ground for litigation. Accordingly, plaintiffs motion for a preliminary injunction is denied. SO ORDERED. Ordered by Judge Joseph F. Bianco on 10/27/2014. (Moe, Alison)
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