AMR Services Corp. (AMR) v. International Broth. of Teamsters (IBT), No. 1330

CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)
Writing for the CourtBefore KEARSE, ALTIMARI, and MAHONEY; PER CURIAM
Citation821 F.2d 162
Parties125 L.R.R.M. (BNA) 3153, 106 Lab.Cas. P 12,404 AMR SERVICES CORPORATION (AMR), Plaintiff-Appellant, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS ("IBT"); International Brotherhood of Teamsters Airline Division ("IBT Airline Division"); William F. Genoese, individually and as Director of IBT Airline Division; Jackie Presser, individually and as General President of IBT, Defendants-Appellees. ocket 87-7370.
Decision Date19 June 1987
Docket NumberD,No. 1330

Page 162

821 F.2d 162
125 L.R.R.M. (BNA) 3153, 106 Lab.Cas. P 12,404
AMR SERVICES CORPORATION (AMR), Plaintiff-Appellant,
v.
INTERNATIONAL BROTHERHOOD OF TEAMSTERS ("IBT");
International Brotherhood of Teamsters Airline Division
("IBT Airline Division"); William F. Genoese, individually
and as Director of IBT Airline Division; Jackie Presser,
individually and as General President of IBT, Defendants-Appellees.
No. 1330, Docket 87-7370.
United States Court of Appeals,
Second Circuit.
Argued June 8, 1987.
Decided June 19, 1987.

Eric Rosenfeld, New York City (Jedd Mendelson, Seyfarth, Shaw, Fairweather & Geraldson, New York City, on brief), for plaintiff-appellant.

Wilma B. Liebman, Washington, D.C. (Herbert K. Lippman, Lowenthal &

Page 163

Lippman, New York City, on brief), for defendants-appellants.

Before KEARSE, ALTIMARI, and MAHONEY, Circuit Judges.

PER CURIAM:

Plaintiff AMR Services Corporation ("AMR") appeals from an order of the United States District Court for the Eastern District of New York, Eugene H. Nickerson, Judge, 658 F.Supp. 259 (1987), denying its motion for a preliminary injunction against picketing by defendants International Brotherhood of Teamsters ("IBT"), et al., allegedly in violation of, inter alia, the Railway Labor Act, 45 U.S.C. Secs. 151 et seq. (1982) (the "Act"). On appeal AMR contends, as it did below, that defendants' picketing is for the purpose of organizing AMR employees and thus constitutes a dispute about representation within the meaning of Sec. 2, Ninth of the Act, 45 U.S.C. Sec. 152, Ninth, and hence may be enjoined. For the reasons below, we affirm the order of the district court.

The district court's denial of a preliminary injunction is reversible only upon a showing of abuse of discretion. E.g., Coca-Cola Co. v. Tropicana Products, Inc., 690 F.2d 312, 315 (2d Cir.1982); Gillespie & Co. v. Weyerhaeuser Co., 533 F.2d 51, 53 (2d Cir.1976) (per curiam). See Doran v. Salem Inn, Inc., 422 U.S. 922, 931-32, 95 S.Ct. 2561, 2567-68, 45 L.Ed.2d 648 (1975). Such an abuse may be found if the court applied incorrect legal standards or relied on clearly erroneous findings of fact. E.g., Coca-Cola v. Tropicana Products, Inc., 690 F.2d at 315. We find no such error here.

The court looked to the most pertinent authorities in determining whether or not an injunction should issue, noting, inter alia, that under Summit Airlines, Inc. v. Teamsters Local Union No. 295, 628 F.2d 787 (2d Cir.1980), Sec. 2, Ninth, of...

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7 practice notes
  • United Air Lines, Inc. v. LOCAL 851, No. CV-88-2537.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • September 30, 1988
    ...F.2d 787 (2d Cir.1980); AMR Services Corp. v. International Brotherhood of Teamsters, 658 F.Supp. 259, 262 (E.D.N.Y.), aff'd per curiam, 821 F.2d 162 (2d Cir.1987). Once the certification is granted, the carrier is obliged by 45 U.S.C. § 152 Ninth to "treat with" the certified employee repr......
  • Consolidated Gold Fields PLC v. Minorco, S.A., No. 641
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 17, 1989
    ...standard or relied on a clearly erroneous finding of fact. See AMR Services Corp. Page 257 v. International Brotherhood of Teamsters, 821 F.2d 162, 163 (2d Cir.1987) (per 1. Likelihood of Success. The District Court concluded that the proposed acquisition would substantially lessen competit......
  • IBB v. LOCAL LODGE D129, No. 1269
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • August 9, 1990
    ...Inc., 422 U.S. 922, 931-32, 95 S.Ct. 2561, 2567-68, 45 L.Ed.2d 648 (1975); AMR Servs. Corp. v. International Brotherhood of Teamsters, 821 F.2d 162, 163 (2d Cir.1987) (per curiam); Coca-Cola Co. v. Tropicana Prods., Inc., 690 F.2d 312, 315 (2d Cir.1982). Such an abuse may consist of either ......
  • Mason Tenders Dist. Council v. LABORERS'UNION, No. 95 Civ. 0402 (RWS).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • April 17, 1995
    ...of Boilermakers v. Local Lodge D129, 910 F.2d 1056, 1059 (2d Cir.1990); AMR Servs. Corp. v. International Brotherhood of Teamsters, 821 F.2d 162, 163 (2d Cir.1987) (per curiam); Coca-Cola Co. v. Tropicana Prods., Inc., 690 F.2d 312, 315 (2d The Court of Appeals has set forth a detailed allo......
  • Request a trial to view additional results
7 cases
  • United Air Lines, Inc. v. LOCAL 851, No. CV-88-2537.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • September 30, 1988
    ...F.2d 787 (2d Cir.1980); AMR Services Corp. v. International Brotherhood of Teamsters, 658 F.Supp. 259, 262 (E.D.N.Y.), aff'd per curiam, 821 F.2d 162 (2d Cir.1987). Once the certification is granted, the carrier is obliged by 45 U.S.C. § 152 Ninth to "treat with" the certified employee repr......
  • Consolidated Gold Fields PLC v. Minorco, S.A., No. 641
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 17, 1989
    ...standard or relied on a clearly erroneous finding of fact. See AMR Services Corp. Page 257 v. International Brotherhood of Teamsters, 821 F.2d 162, 163 (2d Cir.1987) (per 1. Likelihood of Success. The District Court concluded that the proposed acquisition would substantially lessen competit......
  • IBB v. LOCAL LODGE D129, No. 1269
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • August 9, 1990
    ...Inc., 422 U.S. 922, 931-32, 95 S.Ct. 2561, 2567-68, 45 L.Ed.2d 648 (1975); AMR Servs. Corp. v. International Brotherhood of Teamsters, 821 F.2d 162, 163 (2d Cir.1987) (per curiam); Coca-Cola Co. v. Tropicana Prods., Inc., 690 F.2d 312, 315 (2d Cir.1982). Such an abuse may consist of either ......
  • Mason Tenders Dist. Council v. LABORERS'UNION, No. 95 Civ. 0402 (RWS).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • April 17, 1995
    ...of Boilermakers v. Local Lodge D129, 910 F.2d 1056, 1059 (2d Cir.1990); AMR Servs. Corp. v. International Brotherhood of Teamsters, 821 F.2d 162, 163 (2d Cir.1987) (per curiam); Coca-Cola Co. v. Tropicana Prods., Inc., 690 F.2d 312, 315 (2d The Court of Appeals has set forth a detailed allo......
  • Request a trial to view additional results

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