United States Sixth Circuit

In plaintiffs' suit against the United Transportation Union (UTU) Executive Board and its officers, arising from a power struggle among UTU international officers relating to the UTU's proposed merger with the brought under the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), district court's grant of a preliminary injunction in favor of plaintiffs is affirmed where: 1) the plaintiffs have a high probability of success on the merits of their LMRDA claim; 2) the district court did not clearly err in finding that plaintiffs face a threat of irreparable harm caused by their removal from office by the executive board; 3) the district court did not clearly err in determining that the harm to defendants and others is outweighed by the threat of substantial harm to UTU members caused by the potential chilling effect on their willingness to exercise their LMRDA rights; 4) the public interest weighs in favor of protecting plaintiffs' individual rights as set forth in the LMRDA; and 5) the district court did not abuse its discretion in granting plaintiffs' motion for preliminary injunction.

Appellate Information

• Argued 06/15/2010
• Decided 08/25/2010
• Published 08/25/2010

Judges

• SILER

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Joseph Guerrieri, Jr, Joyce Goldstein