Tudor Fashions Ltd. v. Romney
The plaintiffs, Tudor Fashions Ltd. and David Meryl, Inc., sought a Boys Markets injunction to prevent the defendant Union, Blouse, Skirt & Sportswear Workers’ Union, Local 23-25, International Ladies Garment Workers Union, from striking or interfering with their business. The dispute arose from the Union's claim that David Meryl was an alter-ego of Tudor and thus bound by their collective bargaining agreement, which included a no-strike clause and arbitration. Although arbitration was underway, David Meryl's non-compliance with discovery led to the strike. The court denied the injunction, ruling that a no-strike clause cannot be enforced against a party not yet found to be contractually bound by the agreement. Furthermore, the court found that Tudor was not currently operating and thus not suffering irreparable harm.