Microtech Contracting Corp. v. Mason Tenders District Council of Greater New York
Plaintiff Microtech Contracting Corporation sought a preliminary injunction to stop defendants, including the Mason Tenders District Council and Local 78, from displaying an inflatable rat at its work sites. Microtech argued this conduct violated a 'no-strike' provision in their collective bargaining agreement (CBA). The District Court denied the motion, citing a lack of jurisdiction under the Norris-LaGuardia Act because the underlying labor dispute was not subject to mandatory arbitration as per the CBA. The court also held that Section 104 of the Act specifically prohibits injunctions against publicizing labor disputes by non-fraudulent or non-violent means. Furthermore, the court determined that even if jurisdiction existed, the use of the inflatable rat was protected First Amendment speech and did not fall under the 'disruptive activity' clause of the CBA, which was interpreted to apply only to actions similar to work stoppages.