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UNITED STATES v. UNION CARBIDE CORP.

December 21, 1966

United States of America, Plaintiff,
v.
Union Carbide Corporation et al., Defendants


Walsh, District Judge.


The opinion of the court was delivered by: WALSH

WALSH, District Judge. PRELIMINARY STATEMENT

 Plaintiff prays for an injunction in accordance with the provisions of the Labor-Management Relations Act, 29 U.S.C. 178, to restrain personnel of Haynes Stellite Division of Union Carbide Corporation at Kokomo, Indiana, from continuing or taking part in any strike or lockout at the plant, and the Union from encouraging, ordering or taking part in any strike at said plant.

 This particular matter presents two fundamental questions as set forth in the statute: whether or not the strike or lockout (1) affects an entire industry or a substantial part thereof engaged in trade, commerce, transportation, transmission or communication among the several states or with foreign nations or engaged in the production of goods for commerce; and (2) if permitted to occur or to continue, will imperil the National health or safety.

 The Court, after hearing oral argument of counsel and having opportunity to review the pleadings, affidavits and points and authorities submitted herein, finds:

 That the strike at the Kokomo plant raises the issue as to what is an 'industry' under the provisions of 29 U.S.C. 178(a)(1) of the Labor-Management Relations Act.

 Under Sec. 142 of 29 U.S.C., the term 'industry affecting commerce' means 'any industry or activity in commerce or in which a labor dispute would burden or obstruct commerce or tend to burden or obstruct commerce or the free flow of commerce.'

 The Court finds that the strike at the Kokomo plant does have a substantial effect on the industry of production of military aircraft engines and therefore is encompassed within the Act.

 The Court has no difficulty with the second question presented, -- that is affecting the national safety, -- in view of the evidence submitted.

 The Court therefore signs the Order submitted by the plaintiff and the Findings of Fact and Conclusions of Law submitted by plaintiff, the United States of America.

 That is to say, the Court grants the Preliminary Injunction.

 FINDINGS OF FACT AND CONCLUSIONS OF LAW

 This cause having come on for hearing on the motion of the plaintiff for a preliminary injunction, as prayed for in its verified complaint, and the Court having considered all evidence submitted herein, the pleadings, memoranda of law, and arguments of counsel, makes the following ...


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