had the tendency to cause the employees' dissatisfaction with the Union.
a. comparative case law
Petitioner cites to a number of cases to show that factual scenarios similar to the one in this case have led to a finding of reasonable cause. Respondents point out the differences between the seriousness of the activities in those cases and the situation at hand, and point to other cases which they believe are more factually similar in which unfair labor practices were not found. In assessing these cases, the court keeps in mind that it is not required to find that unfair labor practices took place or that precedents governing the case are in perfect harmony in order to make a determination of reasonable cause. Imperia Foods, Inc., 646 F. Supp. at 397.
Thus, after reviewing the cases cited by both Petitioner and Respondents, the court finds that the alleged activities of the hospital management in this case do not exactly match any of the cases cited, but in viewing these cases on a continuum, may be said to fall somewhere between the scenarios presented in the Petitioner's and Respondents' cases.
b. presence of hospital management at the meeting where the decertification petition was circulated
Testimony at the January 1995 NLRB hearing by several employees, namely Patrick Eckhard, William McLennon, and Christine Fritton placed Brad Eaves, Supervisor of the Cardiopulmonary Unit, at the meeting where Carolyn Husted explained and circulated the petition to decertify the union. A number of union employees signed the decertification petition at this meeting, which took place on "hospital time" during a change of shifts. Eckhard and Fritton also note that Dave Saveur and Fritton herself, both hospital supervisors, were also present at the meeting. According to Eckhard's testimony, Eaves told Husted at the end of the meeting that he would notify other union employees who were not at the meeting that Husted was looking for them. According to the testimony of Francis Ramie, a union employee who did not attend the meeting, Eaves later told him that Husted was looking for him to sign the petition. Ramie testified that Eaves told him that he had given Husted his home telephone number so that she could contact him and repeated a few minutes later that Husted was looking for him to sign the petition. Eaves also told Ramie that he was the only one in the unit who had not yet signed the decertification petition.
c. failure to provide collective bargaining dates
Jan Marie Brown, a Union representative, testified at the NLRB proceedings as to the difficulty in getting the Hospital management, namely Timothy Ryan, who handles all labor relations for the Hospital, to timely set dates for collective bargaining. According to Brown, she first made a request to set bargaining dates in April 1994 and repeated this request in a letter dated June 27, 1994. Joanne Peffer, Secretary to Timothy Ryan, stated that she took two phone messages from Brown during the summer of 1994. Timothy Ryan testified that he received no calls from Brown before or during May 1994 and did not see the need to respond quickly to the requests to set bargaining dates. However, as of the time that the Hospital refused to recognize the union in late August 1994, it had not yet provided bargaining dates and the contract effective at that time was due to expire on October 31, 1994.
d. failure to provide information on union members
Brown also testified that she requested that the Hospital provide her with information on the bargaining units due to negotiate new contracts in a letter dated June 27, 1994. The Union allegedly intended to forward this information to the international union for analysis. Respondents did not answer this letter until August 23, 1994 when they informed the Union that they would not negotiate a successor agreement for the technicians unit, and thus, would not provide the requested information. Again in a letter dated September 16, 1994, the Union's attorney Michael Craner, asked the Respondents to furnish the information the Union had requested. This request was denied in a letter dated September 20, 1994 in which Respondents again informed the Union that they would not provide the information sought regarding the technical unit and would not negotiate a new contract with that unit.
Based on all this information, and in light of the legal standard stated previously and the facts presented by the Regional Director, and after a careful review of the transcripts of the proceedings before the NLRB on January 10 and 11, 1995, the court finds that there is reasonable cause to believe that an NLRB decision finding an unfair labor practice will be enforced by the Court of Appeals. The court is not convinced that the legal conclusions reached by the Regional Director are wrong, and deferring to the statutory construction urged by the Director, see Imperia Foods, Inc., 646 F. Supp. at 398, finds reasonable cause to believe that a violation of the NLRA has taken place. Thus, it finds that reasonable cause exists for the issuance of a temporary injunction.
3. Just and Proper Injunctive Relief
Injunctive relief is only proper when a showing of the necessity of preserving the status quo or of preventing irreparable harm has been made. Mego Corp., 633 F.2d at 1033. "Section 10(j) should be applied 'in the public interest and not in vindication of purely private rights' so as to further the policies of the Act." Trading Port, Inc., 517 F.2d at 40. In other words, § 10(j) was made part of the NLRA in order to preserve the status quo pending the completion of the NLRB's procedures and the relief granted must only be that necessary to preserve the ultimate remedial power of the NLRB and not act as a substitute for the Board's exercise of power. Gottfried, 818 F.2d at 494. "However, since section 10(j) was intended as a means of preserving or restoring the status quo as it existed before the onset of unfair labor practices, the courts will not grant or withhold injunctive relief to preserve a situation which has come into being as a result of the unfair labor practices being litigated." House of Good Samaritan, 474 F. Supp. at 557.
In determining whether an injunction is appropriate under § 10(j), the court must use the same general equitable principles ordinarily applied in determining the propriety of injunctive relief, keeping in mind that injunctions are an extraordinary form of relief. Thus, it must inquire as to whether an injunction is necessary to prevent irreparable harm and to preserve the status quo, while examining the balance of hardships between the parties. Imperia Foods, Inc., 646 F. Supp. at 398; Mego Corp., 633 F.2d at 1033. Additionally, the Second Circuit has required that the public interest, not the requirements of private litigation, be used to measure the appropriateness and necessity of injunctive relief pursuant to § 10(j). Imperia Foods, Inc., 646 F. Supp. at 399.
In this case, the Petitioner seeks temporary injunctive relief which will, inter alia, restrain the Respondent, and persons acting in concert with them, from promoting the decertification of the Union, threatening employees regarding Union representation, interrogating employees about their Union sympathies, refusing or failing to provide relevant information requested by the Union, and refusing to recognize and bargain in good faith with the Union. More specifically, the Petitioner asks that the injunction be issued as follows:
A. Enjoining and restraining Respondents, their officers, agents, representatives, servants, employees, attorneys, and individuals and persons acting in concert or participation with them, pending the final disposition of the matters involved herein pending before the Board, from:
(1) Assisting in the promotion, presentation or circulation of petitions or other documents promulgated for the purpose of decertifying the Union;