San Francisco-Oakland Newspaper Guild v. Kennedy

Summary

The Ninth Circuit affirmed preliminary and supplemental injunctions issued under Section 10(l) of the National Labor Relations Act against labor organizations alleged to have engaged in a secondary boycott. The court held that the district court had reasonable cause to believe the targeted newspapers and printing company were neutral employers and did not abuse its discretion by limiting discovery or deciding the injunction motion on affidavits and oral argument.

Holdings

1. The district court did not clearly err in finding reasonable cause to believe that the Examiner, the Chronicle, and the Printing Company were neutral employers independent of the Herald-Examiner and that appellants' conduct violated section 8(b)(4)(i) and (ii)(B).
2. The district court did not abuse its discretion by denying appellants' requests for depositions, interrogatories, and compelled witness attendance.
3. The district court did not err in refusing to permit oral testimony at the preliminary-injunction hearing because affidavits and oral argument provided appellants a sufficient opportunity to present their case.

Questions Presented

1. Whether the district court clearly erred in finding reasonable cause to believe that the Herald-Examiner operated independently from the Examiner, the Chronicle, and the Printing Company, making appellants' conduct a prohibited secondary boycott.
2. Whether the district court abused its discretion by denying appellants' requests for discovery, depositions, interrogatories, and attendance of witnesses.
3. Whether the district court abused its discretion by refusing to permit oral testimony concerning allegedly disputed facts at the section 10(l) preliminary-injunction hearing.

Disposition

affirmed