United States v. Branch 60 Nat. Ass'n of Letter Carriers, Civ. No. B-36.

• Decision Date: 20 March 1970
• Docket Number: Civ. No. B-36.
• Citation: 312 F. Supp. 619
• Court: U.S. District Court — District of Connecticut
• Parties: UNITED STATES of America, Plaintiff, v. BRANCH 60 NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO, STAMFORD, CONN., et al., Defendants.

312 F. Supp. 619

UNITED STATES of America, Plaintiff, v. BRANCH 60 NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO, STAMFORD, CONN., et al., Defendants.

Civ. No. B-36.

United States District Court, D. Connecticut.

March 25, 1970.

Temporary Restraining Order and Notice of Hearing on Motion for Preliminary Injunction March 20, 1970.

Stewart H. Jones, U. S. Atty., and Richard L. Winter, Asst. U. S. Atty., New Haven, Conn., and John F. Farrell, Jr., Atty., U. S. P. O. Dept., Boston, Mass., for United States.

John V. Cassidento, New Haven, Conn., Peter J. Somma, Jr., and E. Arthur Morin, Jr., Stamford, Conn., for defendants.

TIMBERS, Chief Judge.

The Court today issued a preliminary injunction enjoining defendants from striking against the United States Post Office Department or interfering with the orderly operations of the Postal Service.

Pursuant to Rule 52(a), Fed.R.Civ.P., the Court makes the following findings of fact and conclusions of law which, together with the following statement of prior proceedings herein, constitute the grounds for the Court's action in issuing the preliminary injunction.

PRIOR PROCEEDINGS

On March 20, 1970, at approximately 12:01 A.M., defendant unions, their officers and members, struck against the United States Post Office Department and withheld their services from the Postal Service. By 10 A.M. on March 20, the strike was almost 100% effective in stopping the delivery and processing of mail within a major portion of the District of Connecticut.

Before the end of the day on March 20, the United States as plaintiff commenced the instant action by filing a verified complaint seeking injunctive relief. Simultaneously with the filing of the complaint, plaintiff filed also an application for a temporary restraining order and a motion for a preliminary injunction.

At 5:45 P.M. on March 20, upon a finding that notice to defendants would be impracticable, the Court issued a temporary restraining order, to expire within 10 days, enjoining continuation of the strike and continued interference with the orderly operations of the Postal Service.

Simultaneously with the issuance of the temporary restraining order, the Court on March 20 ordered that a hearing be held on March 24 on plaintiff's motion for a preliminary injunction.

Personal service was made upon each of the defendants of the summons and complaint, the temporary restraining order and a notice of hearing on plaintiff's motion for a preliminary injunction.

On March 24 a hearing was held on plaintiff's motion for a preliminary injunction. Each of the named defendants was represented by counsel. All parties were afforded a full opportunity to be heard and to present evidence. No objection was interposed by defendants to the entry of a preliminary injunction and no evidence was offered in opposition thereto. The Court fully heard counsel for all parties upon the form of preliminary injunction to be entered; and granted to counsel for all parties an opportunity to submit proposed forms of preliminary injunction to be entered, together with citation of authorities in support of their respective positions, provided the same were submitted not later than 12 noon on March 25.

Having received written submissions by counsel for both sides, the Court issued a preliminary injunction at 1:15 P.M. on March 25.

FINDINGS OF FACT

(1) Plaintiff is the United States of America, acting herein through the United States Attorney for this District and counsel for the United States Post Office Department.

(2) Defendants are 16 local unions (designated as "branches") of the National Association of Letter Carriers, AFL-CIO, representing a substantial number of the postal carrier employees of the United States Post Office Department in the District of Connecticut. Also named as defendants are the 16 presidents of the local unions or branches.

(3) At the hearing on March 24, upon motion of plaintiff and without objection, two additional defendants were added, namely, Local 147, United Federation of Postal Clerks, AFL-CIO, Hartford, Connecticut, and its president, John J. Hannon. These two defendants were not on strike at the time of the issuance of the temporary restraining order on March 20, but subsequently had gone on strike. Mr. Hannon, who personally was present in the courtroom on March 24, accepted service of process on behalf of himself and his local union.

(4) Uncontroverted evidence at the hearing on March 24, in the form of an affidavit by Ephraim Martin, Regional Director, Boston Region, United States Post Office Department, sworn to March 20, 1970, established that the cessation of the flow of mail within this District included the following specific items:

(a) Pension, annuity, welfare, insurance and other payments to individuals, many of whom are dependent upon prompt receipt of such income to maintain their sustenance, shelter, medicines and other essentials;

(b) Orders, payments, bills of lading and other commercial documents essential to the continued flow of commerce between the several states and between the United States and other nations;

(c) Questionnaires imminently to be distributed by and returned to the United States Government in its scheduled decennial census—a vital function of the Government that is mandated by the constitution and is now dependent upon the use of the mails;

(d) Federal and State income tax returns and refunds;

(e) Correspondence between the United States and its citizens with military units and personnel stationed abroad;

(f) Medical supplies needed to meet emergency demands;

(g) Personal correspondence among individuals containing information essential to the day-to-day functioning of persons in all walks of life; and

(h) Communications between Federal, State and local Governmental agencies essential to the proper performance of the public services provided by the Government.

(5) There was further uncontraverted evidence at the hearing on March 24 that, as a result of the cessation of the flow of mail within this District, unless the strike is terminated immediately, mail will accumulate and will reach levels which will make it impossible for the Post Office Department, with its resources severely impaired by the strike, to protect and preserve the mail being deposited at receiving points throughout this District, as well as elsewhere in the Nation, with the resultant risk that large quantities of mail may permanently be lost.

CONCLUSIONS OF LAW

(1) The Court has jurisdiction over the subject matter and the parties, pursuant to

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