MISCELLANEOUS DRIVERS, HELPERS, HEALTH CARE AND PUBLIC EMPLOYEES UNION LOCAL 610, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, APPELLANT,
v.
THE KROGER CO., A CORPORATION, APPELLEE
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The court held that the union was entitled to recover the bond because the district court properly issued the temporary restraining order, and the union's subsequent loss on the merits of the grievance is irrelevant to the correctness of the initial TRO decision.
The Union sought and obtained a temporary restraining order (TRO) to prevent Kroger from closing its St. Louis operations pending grievance proceeding…
The full statement of facts, procedural history, and disposition for this case are member content.
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FAGG, Circuit Judge.
Miscellaneous Drivers, Helpers, Health Care and Public Employees Union Local 610 (the Union) appeals from the denial of its motion to recover a bond filed in support of an order restraining The Kroger Co. (Kroger). After dissolving the temporary restraining order (TRO), the district court denied the Union’s motion and awarded damages to Kroger. We reverse and remand with instructions to return the bond to the Union.
Kroger operated a warehouse and a number of stores in metropolitan St. Louis, Missouri. The Union represented the truck drivers employed by Kroger. When Kroger informed the Union that it planned to close the St. Louis warehouse and stores, the Union sought to grieve the closings under the parties’ collective bargaining agreement. In addition, the Union ob tained a TRO restraining Kroger from closing the operations pending the outcome of the grievance proceedings.
After a grievance committee resolved the dispute in favor of Kroger, the district court dissolved the TRO. The Union then moved to recover the bond. Kroger resisted the Union’s motion and requested damages for the costs of continuing the St. Louis operations during the TRO. The district court denied the Union’s motion for recovery of the bond and awarded damages to Kroger in the amount of the bond.
Based on a careful review of the record, we conclude the parties’ collective bargaining agreement covered the labor dispute over the St. Louis closing. We believe the Union’s position was “sufficiently sound to prevent the [grievance proceedings] from being a futile endeavor.” Amalgamated Transit Union, Div. 1384 v. Greyhound Lines, Inc., 529 F. 2d 1073, 1078 (9th Cir.), vacated and remanded, 429 U.S. 807, 97 S.Ct. 43, 50 L.Ed.2d 68 (1976), rev’d on other grounds, 550 F. 2d 1237 (9th Cir.), cert. denied, 434 U.S. 837, 98 S.Ct. 127, 54 L.Ed.2d 99 (1977) (Greyhound Lines, Inc.)) see also, e.g., Nursing Home & Hosp. Union No. 434 v. Sky Vue Terrace, Inc., 759 F. 2d 1094, 1098 n. 3 (3d Cir.1985). We also believe the district court correctly determined the closings would undermine the grievance proceedings. Thus, we are convinced the district court properly issued the TRO.
Turning to the Union’s claim it was entitled to recover the bond, we find no basis for the district court’s award of damages to Kroger. The district court was justified in issuing the TRO, and the Union’s loss on the merits of the grieved dispute is irrelevant to the correctness of the initial TRO decision. See Lever Bros. Co. v. International Chem. Workers Union, Local 217, 554 F. 2d 115, 120 (4th Cir.1976); Greyhound Lines, Inc., 529 F. 2d at 1079.
REVERSED AND REMANDED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lever Bros. Co. v. Int'l Chem. Workers Union, 554 F.2d 115 (4th Cir. 1976)
- Deboles v. Trans World Airlines, Inc., 434 U.S. 837 (U.S. 1977)
- Henry v. Hopper, 434 U.S. 837 (U.S. 1977)
- Amalgamated Transit Union, Div. 1384 & the Amalgamated Council of Greyhound Divisions, AFL-CIO v. Greyhound Lines, Inc., 550 F.2d 1237 (9th Cir. 1977)
- Amalgamated Transit Union, Div. 1384 & the Amalgamated Council of Greyhound Divisions, AFL-CIO v. Greyhound Lines, Inc., 529 F.2d 1073 (9th Cir. 1976)
- Mathews v. Rheynard, 429 U.S. 807 (U.S. 1976)
- Middleton v. South Carolina, 429 U.S. 807 (U.S. 1976)
- Nursing Home & Hosp. Union NO. 434 Afl-Cio-Ldiu v. SKY VUE Terrace, Inc., 759 F.2d 1094 (3d Cir. 1985)