Burlington Northern Santa Fe Railway Co. v. International Brotherhood of Teamsters
Court of Appeals for the Ninth Circuit
1DissentTashima, Circuit Judge
I respectfully dissent. I disagree with the majority’s holding that the dispute between BNSF and Local 174 was not a labor dispute within the meaning of the Norris-LaGuardia Act (“NLGA”), thus rendering its anti-injunction provisions inapplicable. I also disagree that this record supports the issuance of a preliminary injunction under the Clayton Act. I would hold that a dispute between an employer and its subcontractor’s employees involving the issue of whether those employees would have any work at all is a labor dispute under the broad contours of the NLGA; thus, that its anti-injunction…
2Cases cited14 opinions
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969
- Milk Wagon Drivers' Union, Local No. 753 v. Lake Valley Farm Products, Inc.Supreme Court of the United States · 1940
- New Negro Alliance v. Sanitary Grocery Co.Supreme Court of the United States · 1938
- Order of Railroad Telegraphers v. Chicago & North Western Railway Co.Supreme Court of the United States · 1960
- Jacksonville Bulk Terminals, Inc. v. International Longshoremen's Ass'nSupreme Court of the United States · 1982
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