What is an “injunction”?
An
injunction is a court order for someone to stop doing something
pending the outcome of a legal case. If an employer began a civil
action against a union for inducing breach of contract, he or she
could immediately ask the court to make an injunctive order that
the union stop the industrial action
until the case was decided.
Historically,
an injunction was a legal tool to preserve a situation until a case
was finally decided, but in the case of industrial action it totally
destroyed the reason for the case. Even today, once a union cannot
take immediate industrial action, the impetus for the dispute is
lost, the dispute is often lost, and there is no reason to go to
court. Union leaders face an impossible decision: whether to disregard
the injunction and face personal and union liability for contempt
of court, or to abide by the order and potentially give ground in
the dispute.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
January
2005 |