Santos v. Bonanno
| Decision Date | 06 December 1966 |
| Docket Number | No. 172,Docket 30723.,172 |
| Citation | 369 F.2d 369 |
| Parties | Frank SANTOS, Louis Candela, Dominick De Sanno and James Cuoco, each of them individually and on behalf of all other members of local unions affiliated with District Council No. 9, Brotherhood of Painters, Decorators and Paperhangers of America, employed as finishers of architectural woodwork, similarly situated, Plaintiffs-Appellants, v. Peter J. BONANNO, as Financial Secretary, and Sidney Aaronson, as Chairman, and Irving Lachman, as Vice Chairman, and Leon Flumenbaum, as Recording Secretary, and Sam Kaminir, as Treasurer of Local Union 1011, Brotherhood of Painters, Decorators and Paperhangers of America, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Second Circuit |
Burton H. Hall, New York City, for appellants.
Michael A. Buonora, New York City, for appellees.
Before WATERMAN, MOORE and HAYS, Circuit Judges.
Plaintiffs appeal from an order denying a preliminary injunction in an action under 29 U.S.C. §§ 411(a) (1), (2), 412 relating to the equal rights of members of labor organizations. The complaint alleges that defendants, officers of Local Union 1011 of the Brotherhood of Painters, Decorators and Paperhangers, denied plaintiffs their rights, granted by the union constitution, to transfer into Local 1011; the injunction sought would restrain defendants from interfering with that right.
Defendants contend that the transfer right established by the union constitution is available only to travelling members, those who have left the jurisdiction of a local union or district council in search of employment elsewhere. They argue that the right may not be invoked by members such as these plaintiffs who have at all times lived and worked within the jurisdiction of the same district council.
"The award of a preliminary injunction is an extraordinary remedy which will not be granted except upon a clear showing of probable success and possible irreparable injury to the plaintiffs." Societe Comptoir De L'Industrie Cotonniere Etablissements Boussac v. Alexander's Department Stores, Inc., 299 F.2d 33, 35 (2d Cir. 1962). Moreover, a motion for a preliminary injunction is addressed to the sound discretion of the district court and its order will not be disturbed unless that discretion has been abused. Huber Baking Co. v. Stroehmann Bros. Co., 208 F.2d 464, 467 (2d Cir. 1953).
The court below found that plaintiffs had not made a sufficient...
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...F.2d 373, 375 (2d Cir. 1966). Accord, Unicon Management Corp. v. Koppers Co., 366 F.2d 199, 204-205 (2d Cir. 1966). 10 Santos v. Bonanno, 369 F.2d 369, 370 (2d Cir. 1966); Huber Baking Co. v. Stroehmann Bros. Co., 208 F.2d 464, 467 (2d Cir. 11 Indeed, while this motion was sub judice, the B......
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Clairol Incorporated v. Gillette Company
...Department Stores, Inc., 299 F.2d 33, 35, 1 A.L.R.3d 752 (2d Cir. 1962) (lack of probable ultimate success). See also Santos v. Bonanno, 369 F.2d 369 (2d Cir. 1965); Imperial Chemical Industries Limited v. National Distillers and Chemical Corporation, 354 F.2d 459 (2d Cir. 1965) (lack of sh......
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Newcomer v. Coleman
...outcome of this litigation. A motion for a preliminary injunction is addressed to the discretion of the court. Santos v. Bonanno, 369 F.2d 369, 370 (2d Cir. 1966) (per curiam). The plaintiff must show that (1) he has a reasonable probability of succeeding at trial and that (2) if the prelim......
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Corning Glass Works v. Lady Cornella Inc., Civ. No. 33688.
...v. Warner Bros. Records, Inc., 389 F.2d 903 (2d Cir., 1968); Clairol Inc. v. Gillette Co., 389 F.2d 264 (2d Cir., 1968); Santos v. Bonanno, 369 F.2d 369 (2d Cir., 1966). Granting or denying an application for a temporary injunction is within the sound judicial discretion of the court to whi......