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Service Employees Int'l Union v. Nat'l Union of Healthcare Wkrs., No. 09-15855

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By FindLaw Staff on March 15, 2010 12:33 PM

Service Employees Int'l. Union v. Nat'l. Union of Healthcare Wkrs., No. 09-15855, concerned an action by a union seeking injunctive relief to obtain restoration of properties it alleged were illegally taken by the former officers and leaders of the union, who formed a rival union.

The court of appeals affirmed the temporary restraining order (TRO) entered by the district court, holding that 1) the TRO was an appealable order and thus the court of appeals had jurisdiction to review it; 2) in its subsequent preliminary injunction the district court explicitly preserved a portion of the TRO as still effective after issuance of the injunction, so the appeal was not moot; and 3) the district court's jurisdiction was proper under 29 U.S.C. section 185(a) because providing a federal forum for injunctive relief against the former officers and leaders of the union promoted the stability of the parent-local relationship and the representation of rank-and-file members.

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