The opinion of the court was delivered by: BONSAL
At a hearing held on December 3, 1971 on plaintiff's motion for a preliminary injunction the Court dictated to the reporter its finding of fact and conclusions of law as hereinafter set forth and signed the preliminary injunction which follows:
This cause having come on for hearing on the application of the plaintiff, the United States of America, for a preliminary injunction as prayed for in its verified complaint, and the Court having considered all the evidence submitted herein, the pleadings, memoranda of law and the arguments of counsel, the Court makes the following findings of fact and conclusions of law:
1. On September 30, 1971, collective bargaining agreements between the defendant union and the defendant Shipping Association expired. On October 1, 1971, a strike commenced by the members of the defendant ILA in the Greater New York port area and vicinity and other Atlantic and Gulf ports.
2. On October 5, the President of the United States, acting under the provisions of Section 206 of the Labor Management Relations Act of 1947, 29 U.S.C. Section 176, issued Executive Order 11621, whereby he appointed a Board of Inquiry to inquire into the issues of said labor dispute.
In said Executive Order the President expressed the opinion that such disputes had resulted in a strike affecting a substantial part of the maritime industry, an industry engaged in trade, commerce, transportation, transmission or communication among the several states and with foreign nations, and which strike would, if permitted to continue, imperil the national health and safety.
3. The Board of Inquiry appointed by the President issued two reports, the first one on October 6, 1971 and a supplemental report on November 25, 1971, to the President.
After receipt of the supplemental report of the Board of Inquiry, the President on November 25, 1971 directed the Attorney General, pursuant to provisions of Section 208 of the Act, to petition in the name of the United States in any district court of the United States having jurisdiction of the parties, to enjoin the continuance of the strike and for such further relief as might be appropriate.
4. Thereupon, on November 26, 1971, the Attorney General brought this action under the national emergency provisions of the Act on behalf of the United States of American against the International Longshoremen's Association, AFL-CIO and the New York Shipping Association.
5. Upon the filing of the verified complaint and the accompanying affidavits and exhibits, and after due consideration thereof, this Court, at 6:30 p.m. Eastern Standard Time on November 26, 1971, issued a temporary restraining order as prayed for by the plaintiff, which restraining order provided that it would expire at 6:30 p.m. Eastern Standard Time on December 6, 1971, unless before such time the order should be extended for good cause shown or unless the defendants consented to an extension of the order for a longer period.
6. Copies of the verified complaint and of the affidavits filed by plaintiff and the defendants, and of the temporary restraining order and of plaintiff's motion for a preliminary injunction, have been duly served upon both the defendants in this proceeding.
7. Following service of the temporary restraining order the defendant ILA terminated the strike and a majority of its members have returned to their normal employment.
8. Unless the Court grants a preliminary injunction, the defendant ILA upon the expiration of said temporary restraining order could resume said ...