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
||July 8, 2014
||US District Court for the Eastern District of New York
||Central Islip Office
||Joseph F. Bianco
||Gary R. Brown
|Nature of Suit:
|Cause of Action:
||29:185 Labor/Mgt. Relations (Contracts)
|Jury Demanded By:
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|October 27, 2014
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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