KINNEY v. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150

No. 92-1919.

994 F.2d 1271 (1993)

Elizabeth KINNEY, Regional Director of Region 13 of the National Labor Relations Board, for and on Behalf of the NATIONAL LABOR RELATIONS BOARD, Plaintiff-Appellee, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150, AFL-CIO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 1, 1993.


Attorney(s) appearing for the Case

Linda McCormick, Librado Arreola, N.L.R.B., Chicago, IL, Ellen A. Farrell, Corinna L. Metcalf, (argued), N.L.R.B., Injunction Litigation Branch, Washington, DC, for Elizabeth Kinney.

Louis E. Sigman, Dale D. Pierson, argued, Pasquale A. Fioretto, Baum & Sigman, Chicago, IL, for International Union of Operating Engineers, Local 150, AFL-CIO.

Stephen M. Maish, Patrick A. Mysliwy, Maish & Mysliwy, Hammond, IN, for Heckett Employees, amicus curiae.

William Bevan, III, Pittsburgh, PA, for Heckett Div. of Harsco Corp., amicus curiae.

Before CUMMINGS and KANNE, Circuit Judges, and EVANS, Chief District Judge.


CUMMINGS, Circuit Judge.

The district court has enjoined Local 150 of the International Union of Operating Engineers, AFL-CIO, from holding a mass trial to discipline some fifty-three members who, the Union claims, crossed picket lines during a strike. 786 F.Supp. 1431. The National Labor Relations Board ("Board")1 urges us to uphold the injunction but argues that the district court applied an incorrect...

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