U.S.v.Pacific Maritime Association

United States District Court, N.D. CaliforniaOct 8, 2002
No. 3:02-CV-04859 (N.D. Cal. Oct. 8, 2002)

No. 3:02-CV-04859

October 8, 2002


PLAINTIFF'S TEMPORARY RESTRAINING ORDER


WILLIAM HASKEL ALLSUP, United States District Judge

This matter comes before the Court on the motion of the plaintiff, the United States of America, for a temporary restraining order. Upon consideration of the foregoing motion, the memorandum of points and authorities submitted therewith, and accompanying the exhibits and declarations submitted therewith, and each of them, and it appearing to the Court that defendants Pacific Maritime Association and International Longshore and Warehouse Union are engaged in an unresolved labor dispute, and that such dispute has resulted in a lockout in ports located in California, Oregon, and Washington, which commenced on September 29, 2002, and still continues, which affects a substantial part of the maritime industry, an industry engaged in trade. commerce. transportation and transportation among the several States and foreign nations, and which, if permitted to continue, will imperil the national health safety, it is by the Court hereby

ORDERED that defendants Pacific Maritime Association and International Longsohore and Warehouse Union, and their officers, agents, Members, servants, and employees, and all persons in active concert with them. including, without limitations, the members of the Pacific Maritime Association. and the local unions represented by the International Longshore and Warehouse Union, or any of them, are hereby enjoined and restrained from in any manner continuing, encouraging, ordering, permitting. aiding, engaging in, or taking any part in any strike or lockout in the maritime industry of the United States and it is further

ORDERED that defendants Pacific Maritime Association and International Longshore and Warehouse Union, and their officers, agents, members, servants, and employees, and all persons in active concert with them, including, without limitation, the members of the Pacific Maritime: Association, and the local unions represented by the International Longshore and Warehouse Union. or any of them, are hereby enjoined and restrained from in any manner interfering with or affecting the orderly continuance of work in the maritime industry, at a normal and reasonable rate of speed, and in accordance with the wages, benefits, and terms and conditions of employment provided under the most recent collective bargaining agreement between defendants, the terms and conditions of which shall continue in full force and effect during the period of this order, including any cost of living increases which would have resulted if such agreements had remained in effect, provided, however that if thereafter defendants shall jointly stipulate to other wages, hours, terms, and conditions of employment covering the period of this Order, or shall have reached a final and binding collective bargaining agreement, and such stipulation or agreement would otherwise be lawful, such stipulation or such agreement shall prevail, provided that nothing in this paragraph shall be construed to require an individual employee to render labor or service without his or her consent nor to make the quitting of his or her labor or service by an individual employee an illegal act; and if is further

ORDERED that defendants Pacific Maritime Association and International Longshore and Warehouse Union, and their officers. agents, Members, servants, and employees, and all persons in active concert with them, including, without limitation, the members of the Pacific Maritime Association, and the local unions represented by the International Longshore and Warehouse Union, or any of them, are hereby enjoined and restrained from taking any action which would interfere with this Court's jurisdiction or which would impair, obstruct, or render fruitless the determination of this cause by Court; and it is further

ORDERED that defendant Pacific Maritime Association, and its officers, agents, servants, and employees, shall give notice of the terms of this Temporary Restraining Order forthwith to its members, and shall take all actions which may be necessary to insure that such instructions are carried out; and it is further

ORDERED that defendant International Longshore and Warehouse Union, and its officers agents, servants, and employees, shall give notice of the terms of this Temporary Restraining Order forthwith to its local unions, and shall take all actions which may be necessary to insure that such instrucions are carried out; and it is further

ORDERED that all the defendants shall engage in free collective bargaining in good faith for the purpose of resolving their disputes and to make every effort to adjust and settle their differences, as contemplated by the Labor Management Relations Act of 1947; and it is further

ORDERED that this Temporary Restraining Order shall expire at 5 p.m., Pacific Standard time, on October 16, 2002, unless before such time the order is extended for good cause shown, or unless the defendants consent to an extension of the order for a longer period; and it is further

ORDERED that plaintiffs motion for preliminary and final relief shall be set for hearing in this Court on Oct. 16, 2002, at 3p.m. in Courtroom Number 9; and it is further

ORERED that service of a copy of This Temporary Restraining Order, together with plaintiff's Complaint for Injunctive Relief and all papers, exhibits, and declarations upon which it is based, shall be served upon defendants on or before October 11, 2002.