Verizon New England, Inc. v. Int'l Bhd. of Elec.Workers, No. 10-2092 (1st Cir. 2011)Annotate this Case
The company claimed that the union violated a collective bargaining agreement no-strike clause on four occasions in 2008 and 2009 as part of a pattern of behavior undercutting the arbitral process. Specifically, the company claims the union made representations that the union would fine members who brought required devices to work, engaged in a short concerted work stoppage, coordinated refusals to volunteer for overtime work, and protested at a company facility each morning for several weeks. The district court granted the union summary judgment, finding that the company had not shown future harm and declining to issue either injunctive or declaratory relief. The First Circuit affirmed denial of injunctive relief, but vacated with respect to declaratory relief. The alleged actions do not establish a repeated pattern giving rise to ongoing harm that would justify an injunction, but the matter is ripe for declaratory relief.