Johansen v. San Diego County District Council of Carpenters of the United Brotherhood of Carpenters & Joiners of America

The majority cannot uphold the district court’s “hiatus” injunction for two reasons, neither of which I find persuasive. I conclude that the 10(7) injunction was proper in light of this court’s recent decision in Miller v. United Food & Commercial Workers Union, 708 F.2d 467 (9th Cir. 1983). The Miller court held that “[i]n some cases a temporary ban on all picketing may be appropriate.” Id. at 472. The court explained that a brief hiatus under section 10(l) is appropriate “only when presumptively legitimate picketing would perpetuate the effects of prior illegal activity.” Id. at 471. The…