United States Ninth Circuit

In an action by a parent and local affiliate union seeking injunctive relief to obtain restoration of properties it alleged were illegally taken by the former officers and leaders of the local union, who formed a rival union, the district court's grant of a temporary restraining order (TRO) is affirmed where: 1) the TRO was an appealable order and thus the court of appeals had jurisdiction to review it; 2) in its subsequent preliminary injunction, the district court explicitly preserved a portion of the TRO as still effective after issuance of the injunction, so the appeal was not moot; and 3) the district court's jurisdiction was proper under 29 U.S.C. section 185(a) because providing a federal forum for injunctive relief against the former officers and leaders of the union promoted the stability of the parent-local relationship and the representation of rank-and-file members.

Appellate Information

• Decided 03/15/2010
• Published 03/15/2010

Judges

Court

• United States Ninth Circuit

Counsel