Kinney ex rel. National Labor Relations Board v. International Union of Operating Engineers, Local 150

CUMMINGS, Circuit Judge.

The district court has enjoined Local 150 of the International Union of Operating Engineers, AFL-CIO, from holding a mass trial to discipline some fifty-three members who, the Union claims, crossed picket lines during a strike. 786 F.Supp. 1431. The National Labor Relations Board (“Board”)1 urges us to uphold the injunction but argues that the district court applied an incorrect standard for considering its petitions for equitable relief. The Board claims this standard will make it more difficult in future cases for the Board to halt unfair labor practices. The Union,…