Attn:Northeast CJO RowanBrandon - Northeast v. UNEPSE

[cinyc]

On behalf of Governor Morgan, the Northeast seeks an emergency injunction against the illegal strike by UNEPSE, the Northeast's public employee union.  The public employee unions have an existing contract.  The Practical Labor Policy Act doesn't change the terms of existing contracts.  It merely sets the framework for negotiating future contracts.  We'd prefer to renegotiate now, but as the governor has made clear by executive order, the unions need not renegotiate until contracts have expired.  

This illegal strike is causing irreparable harm  to the tune of $20-$30 million per day.  We ask for an injunction, and for this court to hold the union in contempt of court should the illegal strike continue, fining the union for the estimated cost of the strike to the Northeast- $30 million per day.

Thank you.

[Purple State]

I will serve as the union counsel since no other such person exists.

"The Union is acting within its legal right to strike upon reaching an impasse and an injunction would be inappropriate in this case. UNEPSE provided ample time for negotiations and was met with unilateral actions and a cold shoulder. If the Northeast wishes to re-enter negotiations in good-faith then the Union is open to that, but it would be incorrect to use heavy-handed injunctions after showing such little interest in bargaining."

[cinyc]

No UNEPSE contracts are up, and the Northeast is not in a position to renegotiate contracts in a matter of days.  The Assembly doesn't move that quickly, and the Governor has made it clear that existing contracts continue to be in force.   There is absolutely no harm to the unions to work under existing contracts, as required under their terms.

This strike is illegal.

[Purple State]

No UNEPSE contracts are up, and the Northeast is not in a position to renegotiate contracts in a matter of days.  The Assembly doesn't move that quickly, and the Governor has made it clear that existing contracts continue to be in force.   There is absolutely no harm to the unions to work under existing contracts, as required under their terms.

This strike is illegal.

Under what law?

[cinyc]

No UNEPSE contracts are up, and the Northeast is not in a position to renegotiate contracts in a matter of days.  The Assembly doesn't move that quickly, and the Governor has made it clear that existing contracts continue to be in force.   There is absolutely no harm to the unions to work under existing contracts, as required under their terms.

This strike is illegal.

Under what law?

Under general contractual principles.  The union is in breach of their existing contracts.  Specific performance is required because monetary damages alone won't offset harm to the Northeast.

[Rowan]

Counsel,

Before I decide whether to grant the injunction, I request the following:

1. What are the details of the current contract that the union is under?

2. What current Northeastern Law prohibits a union from going on strike?

[cinyc]

Counsel,

Before I decide whether to grant the injunction, I request the following:

1. What are the details of the current contract that the union is under?

2. What current Northeastern Law prohibits a union from going on strike?

Well, we don't know the exact terms, since they only exist in fantasyland and have never been negotiated.  The only thing we do know is that the contracts are still in force for most, if not all, employees. 

As far as I'm aware, no Northeast law prohibits a union from going out on strike.  The law we just passed allows the Northeast to fire striking employees, but we're not doing that yet.  We'd rather the union perform their duties as required by contract.  General contractual principles so require.  The Northeast has not breached its contractual obligations by passing a law that largely only applies to negotiations for future contracts.  The union is jumping the gun here.

[Rowan]

Thank you.

The request for an injunction has been DENIED.

So ordered
x RowanBrandon

[Purple State]

The Union thanks your honor.

[cinyc]

Fair enough.  Then, we'd like to sue UNEPSE for breach of contract.  We will attempt to prove damages of $30,000,000 per day.

[Purple State]

Fair enough.  Then, we'd like to sue UNEPSE for breach of contract.  We will attempt to prove damages of $30,000,000 per day.

How can this be done without a contract?

I recommend simply negotiating and resolving the issue before us. After that, we can say that all the contracts expire at once and can begin bargaining on that so we have a document in the future.

[Filuwaúrdjan]

The DoI would be happy to act as a mediator in this dispute.

[cinyc]

Fair enough.  Then, we'd like to sue UNEPSE for breach of contract.  We will attempt to prove damages of $30,000,000 per day.

How can this be done without a contract?

I recommend simply negotiating and resolving the issue before us. After that, we can say that all the contracts expire at once and can begin bargaining on that so we have a document in the future.

There is a contract currently in force.  The new law didn't change that.

Ever hear of trying to gain leverage in negotiations?

[Purple State]

Fair enough.  Then, we'd like to sue UNEPSE for breach of contract.  We will attempt to prove damages of $30,000,000 per day.

How can this be done without a contract?

I recommend simply negotiating and resolving the issue before us. After that, we can say that all the contracts expire at once and can begin bargaining on that so we have a document in the future.

There is a contract currently in force.  The new law didn't change that.

Ever hear of trying to gain leverage in negotiations?

Just to be clear, this is my GM hat on now. I'm not acting as an agent of the union.

I understand that a contract exists, but we do not know what is in it. For all we know, there is a clause allowing for such strikes to be conducted.

I think it is a fair middle ground to resolve the differences over this issue quickly. I will then immediately report that the contracts are up in, say, one month. That will allow for the actual "renegotiation" of the contracts so that we can craft an actual document for future reference when such matters come up.

[Antonio the Sixth]

The simple fact that a strike can be "illegal" looks like a bad joke.

[Marokai Backbeat]

The simple fact that a strike can be "illegal" looks like a bad joke.

You said it. I just happened to quote it.

[k-onmmunist]

They've sown the wind - now they shall reap the whirlwind.

[Rowan]

I have decided to hear the case.

Counsel, you have 72 hours to present your arguments.

[Hash]

The simple fact that a strike can be "illegal" looks like a bad joke.

If you lived in Ottawa you would see that making a strike illegal is not a bad joke, it's a very good thing.

[bullmoose88]

This case should be very very exciting.  Attempting to get some common law contracts stuff recognized, I can't wait to see where it goes.

[The Age Wave]

This case should be very very exciting.  Attempting to get some common law contracts stuff recognized, I can't wait to see where it goes.

I concur.

[bullmoose88]

This case should be very very exciting.  Attempting to get some common law contracts stuff recognized, I can't wait to see where it goes.

I concur.

I'd also like to say I am pleased the cause of this suit came from news from the GM rather than someone just making up a fact pattern.  I hope the GM continues to publish stories which would allow litigation to occur.

[The Age Wave]

This case should be very very exciting.  Attempting to get some common law contracts stuff recognized, I can't wait to see where it goes.

I concur.

I'd also like to say I am pleased the cause of this suit came from news from the GM rather than someone just making up a fact pattern.  I hope the GM continues to publish stories which would allow litigation to occur.

I must admit I am displeased at...the current situation. I do appreciate the pseudo-realism invoked by the events though, it's nice to see some effects of the work of our government every once in a while.

[AndrewTX]

I must admit, that no offense to anyone, but Rowan has EASILY been the most active CJO we've had in years.

[Rowan]

This is a reminder to counsel that there is now less than 48 hours left to file your arguments.

If you need an extension to this, please contact me as soon as possible.

CJO RowanBrandon