ATLAS AIR, INC. et al v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS et al

Filing 60

ORDER: For the reasons stated in the accompanying Memorandum Opinion 59 , Plaintiffs' Motion for Preliminary Injunction, Dkt. 5 , is hereby GRANTED. Defendants' Motion to Dismiss, Dkt. 51 , is hereby DENIED. See document for details. Signed by Judge Randolph D. Moss on 11/30/17. (lcrdm3, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
ATLAS AIR, INC., et al.,
Plaintiffs,
v.

Civil Action No. 17-1953 (RDM)

INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, et al.,
Defendants.
ORDER
For the reasons stated in the accompanying Memorandum Opinion, it is hereby
ORDERED that Plaintiffs’ motion for a preliminary injunction, Dkt. 5, is GRANTED and
Defendants’ motion to dismiss, Dkt. 51, is DENIED; and it is further
ORDERED that Defendants, their officers, agents, employees, members employed by
Plaintiffs, and all persons acting in concert with any of them be, are hereby preliminarily
enjoined from authorizing, encouraging, permitting, calling, engaging in, or continuing any
strike, work stoppage, sick-out, concerted refusal to volunteer for or to accept work assignments
(including, without limitation, open time flights), slowdown (including, without limitation, the
existing SHOP and BOOT campaigns), or other self-help against Plaintiffs relating to the dispute
or disputes arising from the Section 6 notice served in the round of bargaining that commenced
on or about February 2016; and it is further
ORDERED that the preliminary injunction shall remain in effect until (1) the expiration
of thirty days following termination of mediation by the National Mediation Board under Section
5 of the Railway Labor Act (“RLA”), and completion of emergency board procedures thereafter

if an emergency board is established under Section 10 of the RLA; (2) final adjudication of the
pending case; or (3) further order of this Court; and it is further
ORDERED that Defendants shall take all necessary steps to inform their officers, agents,
employees, and members employed by Plaintiffs of their obligation to comply with the terms of
this Order, including, without limitation, their obligation to cease any existing activity that is
inconsistent with this Order; and it is further
ORDERED that Defendants shall make all reasonable efforts to prevent their officers,
agents, employees, members, and all persons acting in concert with any of them from engaging
in conduct enjoined by this injunction; and it is further
ORDERED that within 72 hours after this Order issues, Defendants shall file a
declaration with the Court setting forth (1) the steps taken to give notice of this Order to their
officers, agents, employees, and members who are employed by Plaintiffs of their obligation to
comply with the terms of this Order, and (2) the steps taken by Defendants to ensure compliance;
and it is further
ORDERED that within 48 hours after this Order issues, an undertaking in the sum of
$200,000, or cash in that amount, be filed by the Plaintiffs to pay the costs, attorneys’ fees, and
damages sustained by any person or entity found to have been wrongfully enjoined or restrained;
and it is further
ORDERED that on or before December 7, 2017, Plaintiffs and/or Defendants may seek
reconsideration of the bond amount set by this Order upon a proper showing; and it is further
ORDERED that this preliminary injunction may be served by any person over the age of
18 years selected for the purpose by Plaintiffs; and it is further

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ORDERED that the parties shall appear for a Rule 16 scheduling conference on
December 21, 2016 at 2:00 pm, and shall file the joint report required by Local Rule 16.3(d) on
or before December 7, 2016.

/s/ Randolph D. Moss
RANDOLPH D. MOSS
United States District Judge
Date: November 30, 2017

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