Skywest Pilots Alpa Organizing Committee v. Skywest Airlines, Inc.

Filing 21

ORDER re 4 MOTION for Temporary Restraining Order MOTION for Order to Show Cause filed by Skywest Pilots Alpa Organizing Committee,, Set/Reset Deadlines as to 4 MOTION for Temporary Restraining Order MOTION for Order to Show Cause. Plaintiff s hall serve restraining order and all pleading and papers on defendants not later than 5/24/2007. Responses due by 5/28/2007. Replies due by 5/29/2007. Motion Hearing set for 5/30/2007 03:00 PM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 5/22/07. (be, COURT STAFF) (Filed on 5/22/2007)

Skywest Pilots Alpa Organizing Committee v. Skywest Airlines, Inc.

Doc. 21

Case 3:07-cv-02688-CRB

Document 21

Filed 05/22/2007

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STEPHEN P. BERZON (#46540) [e-mail] LINDA LYE (#215584) [e-mail] CLAIRE P. PRESTEL (#235649) [e-mail] Altshuler Berzon LLP 177 Post Street, Suite 300 San Francisco, CA 94108 Telephone: [phone] Facsimile: [phone] ELIZABETH GINSBURG (Application for Admission Pro Hac Vice Pending) [e-mail] Air Line Pilots Association, International 535 Herndon Parkway Herndon, VA 20172-1169 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SKYWEST PILOTS ALPA ORGANIZING COMMITTEE, et al., Plaintiffs, vs. SKYWEST AIRLINES, INC., Defendant. The above-captioned matter came before the Court upon Plaintiffs' Ex Parte Motion For A Temporary Restraining Order And Order To Show Cause Why A Preliminary Injunction Should Not Issue. Having considered the evidence and legal arguments, the Court finds that Plaintiffs have demonstrated a likelihood of success on the merits and that the balance of hardships tips sharply in Plaintiffs' favor. Accordingly, Plaintiffs' Motion for a Temporary Restraining Order is GRANTED. 1
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION, Case No. ___________________ Dockets.Justia.com

CASE NO.: TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION

Case 3:07-cv-02688-CRB

Document 21

Filed 05/22/2007

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IT IS HEREBY ORDERED that Defendant, its officers, agents, servants, employees, and attorneys, and all persons acting by, through, under, or in concert with Defendant, are hereby temporarily restrained and enjoined, pending a ruling by this Court on whether a preliminary injunction should issue, and ordered as follows: 1) To cease and desist from interfering in any way with Plaintiffs', their members', and their supporters' outward expression of support for ALPA and the ALPA organizing campaign and association with like-minded pilots through, inter alia, the wearing of ALPA insignia on lanyards or pins, while in uniform or off duty. 2) To cease and desist from interfering in any way with Plaintiffs', their members', and their supporters' communication with fellow SkyWest pilots regarding ALPA and the ALPA organizing campaign through distribution of ALPA-related materials in non-work areas such as bulletin boards and crew lounges. 3) To cease and desist from discriminating in any way against Plaintiffs, their members, and their supporters with respect to the channels of communication they may use to communicate with fellow pilots, and to provide Plaintiffs and their members with access to the same channels of communication provided to SAPA at any point during the last year, including but not limited to a dedicated bulletin board in each crew lounge where SAPA had a dedicated bulletin board at any point in the last year, general bulletin boards in crew lounges, pilot mailboxes, SkyWest's email system, and newly-hired pilot classes. 4) To cease and desist from funding, recognizing, bargaining or purporting to bargain with, or otherwise supporting in any fashion SAPA. CRB IT IS HEREBY ORDERED that no bond is necessary for each of the following separate and independent reasons: (1) Plaintiffs have a strong likelihood of success on the merits; (2) there is no realistic likelihood of harm to Defendant from enjoining its conduct; and (3) the balance of hardships weighs in favor of Plaintiffs. // // // 2
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION, Case No. ___________________

Case 3:07-cv-02688-CRB

Document 21

Filed 05/22/2007

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IT IS FURTHER ORDERED that Plaintiffs shall serve this restraining order and all pleadings and papers supporting their motion for a preliminary injunction on Defendants not later than _________________________. Opposition to Plaintiffs' request for a preliminary Thursday, May 24, 2007 Monday, May 28, 2007 injunction shall be filed and served by Defendants not later than ____________________. Tuesday, May 29, 2007 Plaintiffs' reply papers shall be filed and served not later than ______________________. A hearing on Plaintiff's request for a preliminary injunction will be held on Wednesday, May 30, 2007 _____________________. at 3:00 p.m. IT IS SO ORDERED.

UNIT ED

U.S. District Court Judge

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May 22, 2007 Date: _______________________

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