MASON TENDERS LOCAL UNION 59 v. LIUNA

Nos. 96 Civ. 2406(RWS), 96 Civ. 2417(RWS) and 96 Civ. 2544(RWS).

924 F.Supp. 528 (1996)

MASON TENDERS LOCAL UNION 59, Plaintiff, v. LABORERS' INTERNATIONAL UNION OF NORTH AMERICA and Steve Hammond, Defendants. LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO, Mason Tenders District Council of Greater New York, and Steve Hammond, Plaintiffs, v. LOCAL 23, Local 46, Local 48, Local 59, and Locals A-C, affiliated with the Laborers' International Union of North America, AFL-CIO; Joseph Giardina, Business Manager of Local 23; Joseph Luciano, Business Manager of Local 46; Anthony Zambordi, Business Manager of Local 48; Michael Perrone, Business Manager of Local 59 and Business Managers of Locals A-C, Defendants. MASON TENDERS' UNION LOCAL 23 OF the LABORERS' INTERNATIONAL UNION OF NORTH AMERICA and Lawrence P. Giardina, individually and as President of Local 23, Plaintiffs, v. LABORERS' INTERNATIONAL UNION OF NORTH AMERICA (LIUNA), Mason Tenders District Council of Greater New York, Steve Hammond, in his official capacity as LIUNA Trustee of the Mason Tenders District Council of Greater New York, Richard Ello, in his official capacity as Office Manager and Comptroller of the Mason Tenders District Council of Greater New York, Arthur A. Coia, in his official capacity as General President of LIUNA, Rollin P. Vinall, in his official capacity as General Secretary-Treasurer of LIUNA, and the General Executive Board of the Laborers' International Union of North America, in their official capacity, Defendants.

United States District Court, S.D. New York.

May 2, 1996.


Attorney(s) appearing for the Case

D'Amato & Lynch (Michael K. Rappaport, of counsel), New York City, Lewis & Fiore (David L. Lewis, of counsel), New York City, for Mason Tenders' Local Union 23 and Lawrence P. Giardina.

Curtis, Mallet-Prevost, Colt & Mosle (Peter Fleming, Jr., of counsel), New York City, for Mason Tenders' Local Union 59.

Cohen, Weiss and Simon (Richard N. Gilberg, Nathaniel K. Charny, of counsel), New York City, for Laborers' International Union of North America, AFL-CIO, Mason Tenders' District Council of Greater New York, and Steve Hammond.


OPINION

SWEET, District Judge.

Mason Tenders Local Union 59 ("Local 59") has filed an action ("the Local 59 Action") and moved by order to show cause for a preliminary injunction pursuant to Rule 65, Fed.R.Civ.P., preventing Laborers' International Union of North America, AFL-CIO ("LIUNA") and Steven Hammond, as Trustee of the Mason Tenders District Council from revoking the charters and seizing the assets of Local 59 pursuant to a Reorganization...

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