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The Injunction


In the Gilded Age, legally spurious injunctions were issued with impunity by courts based on the solid legal principle of fuck unions. That is returning in the New Gilded Age, as we see in Alabama:

As an Alabama coal miners’ strike neared the eight-month mark, a Tuscaloosa County judge took an unusual step: prohibiting union workers from picketing outside properties owned by their employer.

The order was a rare incursion by a local court into a private-sector strike—an activity protected under federal labor law for nearly a century. The United Mine Workers of America, which represents workers at Warrior Met Coal Inc., called the move unconstitutional, saying it violated their federal rights in addition to the First Amendment.

Judge James Roberts Jr. of the Circuit Court of Tuscaloosa County, was not convinced by the union’s arguments. On Nov. 15, he doubled down on a temporary restraining order issued weeks earlier barring picketing outside mines or offices owned by Warrior Met, extending it until Dec. 2.

The temporary restraining order was the latest flash point in what’s already one of the longest miners’ strikes in U.S. history. It was a stark departure from the normal process for settling labor disputes, where parties file federal complaints to the National Labor Relations Board, and it represents a rarely used method on the employer’s part to circumvent the Democratic-controlled NLRB in favor of a friendlier venue, lawyers and legal professors said.

“This is an extraordinarily rare occurrence, to use a state court to stop picketing during a strike,” said Cathy Creighton, a union attorney who directs the Cornell University School of Labor and Industrial Relations satellite branch in Buffalo, N.Y. Creighton said she’s seen it successfully done only three times during her 30-year career.

Complete contempt for federal law from right-wing state courts? Welcome to the 2020s! I’m sure the federal courts will really put a stop to this…….

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