Charter Commc'ns, Inc. v. Local Union No. 3, Int'l Bhd. of Elec. Workers, AFL–CIO
| Decision Date | 21 December 2017 |
| Docket Number | 2017,159036 |
| Citation | 58 Misc.3d 873,68 N.Y.S.3d 666 |
| Parties | CHARTER COMMUNICATIONS, INC., Plaintiff, v. LOCAL UNION NO. 3, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL–CIO, Lance Van Arsdale, in his capacity as Assistant Business Manager, Maintenance Division of Local No. 3, Derek Jordan, in his capacity as Business Representative of Local No. 3, Sean Fitzpatrick, in his capacity as Business Representative of Local No. 3, and "John Does" (names being fictitious, all of whom are unknown to plaintiff, all of persons being members of or acting in concert with IBEW Local No. 3), Defendants. |
| Court | New York Supreme Court |
58 Misc.3d 873
68 N.Y.S.3d 666
CHARTER COMMUNICATIONS, INC., Plaintiff,
v.
LOCAL UNION NO. 3, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL–CIO, Lance Van Arsdale, in his capacity as Assistant Business Manager, Maintenance Division of Local No. 3, Derek Jordan, in his capacity as Business Representative of Local No. 3, Sean Fitzpatrick, in his capacity as Business Representative of Local No. 3, and "John Does" (names being fictitious, all of whom are unknown to plaintiff, all of persons being members of or acting in concert with IBEW Local No. 3), Defendants.
159036
2017
Supreme Court, New York County, New York.
Decided on December 21, 2017
Kenneth A. Margolis, Esq., Daniel Kirschbaum, Esq., G. Peter Clark, Esq., Kauff McGuire & Margolis LLP, New York, Attorneys for Plaintiff
John H. Byington III, Esq., Archer, Byington, Glennon & Levine LLP, Melville, Attorneys for Defendants
Kathryn E. Freed, J.
The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 22, 24, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 62, 64, 65, 81, 82, 84 were read on this motion to/for PREL INJUNCTION/TEMP REST ORDR.
Upon the foregoing documents, and after a hearing, the application is denied .
In this action by plaintiff Charter Communications, Inc. ("Charter") sounding, inter alia, in nuisance, assault, and trespass, and seeking damages against defendants Local Union No. 3, International Brotherhood of Electrical Workers, AFL–CIO ("Local 3"), Lance Van Arsdale, in his capacity as Assistant Business Manager, Maintenance Division of Local No. 3, Derek Jordan, in his capacity as Business Representative of Local No. 3, Sean Fitzpatrick, in his capacity as Business Representative of Local No. 3, and "John Does" (names being fictitious, all of whom are unknown to plaintiff, all of persons being members of or acting in concert with IBEW Local No. 3) plaintiff moves, by order to show cause ("OSC"), pursuant to CPLR 6313 and Labor Law § 807, for a temporary restraining order ("TRO") and preliminary injunction. Defendants oppose the motion. After an evidentiary hearing, and after a review of the parties' pre- and post-hearing submissions, as well as the parties' arguments and the relevant statutes and case law, the application is denied .
FACTUAL AND PROCEDURAL BACKGROUND :
Charter, formerly Time Warner Cable, is a corporation which provides cable television, internet and voice services to residential, commercial and governmental subscribers.
Doc. 25, at par. 5.1 In the New York area, Charter provides such services under the brand name Spectrum. Id. The company employs approximately 1,700 cable technicians in a bargaining unit represented by defendant Local 3, a labor union. Doc. 25, at par. 8. On or about February 6, 2017, Charter and Local 3 began collective bargaining negotiations. Id., at par. 13. On March 28, 2017, Local 3 commenced a strike, and certain employees of Charter began a work stoppage. Id., at par. 16. Charter alleged that, since the strike began, its equipment has been "sabotage [d]" on numerous occasions and that Local 3 and its leadership have encouraged and condoned such acts. Id., at pars. 19–48. It further alleged that two Local 3 members have been arrested in connection with these acts. Id., at pars. 37–40, 47.
Charter commenced this action against defendants Local 3, Lance Van Arsdale, in his capacity as Assistant Business Manager, Maintenance Division of Local 3, Derek Jordan, in his capacity as Business Representative of Local 3, Sean Fitzpatrick, in his capacity as Business Representative of Local 3, and certain "John Does" who allegedly were members of or acted in concert with Local 3, by filing a summons and verified complaint on October 10, 2017. Doc. 1. In its amended verified complaint Charter alleged, inter alia, that it was entitled to injunctive relief due to Local 3's "unlawful and destructive campaign of sabotage against Charter's equipment." Doc. 25, at par. 1. Charter's amended complaint set forth details regarding the alleged incidents of vandalism and sabotage. It also alleged, inter alia, that Local 3 pickets:
engaged in unlawful acts against Charter and its property and employees—
including but not limited to blockading and preventing ingress to and egress from Charter facilities; interfering with and preventing the free movement of Charter vehicles on the public streets; threats of physical violence against Charter employees and their families, deliberate damage to Charter vehicles; and interfering with and threatening contractors hired by Charter ... Id., at par. 58.
Charter asserted causes of action against defendants sounding in private nuisance, public nuisance, assault, and trespass
to chattels. Doc. 25. Charter also alleged a separate cause of action against defendants seeking a permanent injunction against them pursuant to Labor Law § 807. Doc. 25.
On October 11, 2017, Charter brought the instant OSC, pursuant to CPLR 6313 and Labor Law § 807, seeking a TRO and preliminary injunction enjoining defendants from a) trespassing or picketing within any Charter facility; b) approaching within 25 feet of any Charter facility, vehicle or other property; c) directing abusive or threatening language or gestures toward any person at or in the vicinity of any Charter facility, vehicle, or other property; d) delaying, obstructing, or otherwise interfering with the entry of people and/or vehicles into Charter facilities; and e) obstructing, harassing, intimidating, assaulting, threatening or interfering with any Charter employee or an employee of an entity doing business with Charter. Doc. 2. In support of the OSC, Charter submitted, inter alia, affidavits of Charter employees who attested to allegedly illegal conduct by Local 3 picketers including, among other things, blocking ingress and egress to Charter facilities and verbal abuse of Charter employees. Docs. 7, 9–14, 16, 19. On October 12, 2017, this Court signed the OSC but declined to grant Charter a TRO on the ground that, pursuant to Labor Law § 807, such relief could not be granted without a hearing. Tr. of Proceedings of 10/12/17, at p. 28–29. This Court then directed that a hearing be scheduled to determine whether Charter was entitled to injunctive relief. Id.
The Hearing
This Court conducted a hearing in this matter pursuant to Labor Law § 807 on October 23, 25, 26 and 27, 2017. The scope of the hearing included the blocking of ingress and egress at Charter facilities since September 15, 2017. Tr. of Proceedings. of 10/23/17, at 3, 14; Tr. 397. Charter's attorney acknowledged that his application for injunctive relief was limited to "unlawful picketing and the threats and the damage to property." Tr. 450. At the outset of the hearing, counsel for Local 3 stipulated that the union had "engaged in picketing activity at many [ ] Charter locations." Tr., at 24.
Lance Van Arsdale, Assistant Business Manager for Local 3, was called as a witness for Charter. He testified that he had engaged in collective bargaining with Charter and its predecessor corporation, Time Warner Cable. Tr., at 16–17, 19. Van
Arsdale identified a sign used by Local 3 pickets during the current strike (Tr., at 26; Ex. 2) and represented that every Local 3 picket line was to have a picket captain or shop steward from the union present. Tr., at 36. The picket captains and shop stewards were instructed to monitor picket lines and observe whether entrances and exits to Charter facilities were being blocked. Tr., at 37–38.
Charter also called its employees Justin Finnerty, Michael Buck, Michael Baird, Ken Urban, Tom Ellis, Dennis Schuler, Lester Mahon, Dennis Falls, Anthony Rodriguez, and Nigel Wilkie as witnesses.
The hearing testimony established that, on multiple occasions, Local 3 picketers
interfered with the ingress and/or egress of Charter vehicles or vehicles of its employees to and from Charter facilities, or interfered with the work of Charter employees:
Michael Baird, a supervisor at Charter's Staten Island facility, said that, on September 15, 2017, over 100 picketers carrying Local 3 signs and wearing Local 3 hats and shirts blocked vehicles at Charter's facility in Staten Island. Tr. 143–145. Although police arrived at about 7 a.m., they left soon thereafter. Tr. 145. Picketers chased and surrounded one technician's truck, screaming at the driver and folding in the vehicle's mirrors. Tr. 146. The police returned after 8 a.m., directed Local 3 member Billy Silverglad to stop using a bullhorn, and then left after a few minutes. Tr. 148–149. When the police left, blocking of the ingress and egress of cars from the Charter lot continued. Tr. 149. Sometime after 10:45 a.m., Baird, who had left the facility earlier that...
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