212608P.pdf   06/24/2022  Intl Assn of Sheet Metal, Air, Rail & Trans  v.  Iowa Northern Railway Company
   U.S. Court of Appeals Case No:  21-2608
   U.S. District Court for the Northern District of Iowa - Eastern   
   [PUBLISHED] [Loken, Author, with Gruender and Grasz, Circuit Judges] 
   Civil case - Railway Labor Act. In this action the Union alleged the 
   railroad violated the Act by unlawfully resorting to self-help and setting 
   daily pay rates and ending deduction of union dues; the Union sought a 
   preliminary injunction restoring the status quo; the district court denied 
   the request for injunctive relief on the ground the Union was unlikely to 
   succeed on the merits, and the Union appeals. Held: the district court did 
   not err in concluding the Union was not entitled to injunctive relief. 
   First, the Union's failure to respond to the railroad's Section 6 RLA 
   notice significantly reduced its likelihood of success on the merits; 
   further, the railroad complied with the waiting periods set out in Section 
   6 before taking any action, thereby satisfying its statutory obligation to 
   give the Union notice of its intent to make the pay change and an 
   opportunity to request National Mediation Board services; there was also a 
   dispute of material fact as to the status of the Union's earlier Section 6 
   notice, making an injunction inappropriate in the light of the dispute; 
   finally, there was a significant issue as to whether the Union had 
   complied with its duties under Section 8 of the Norris-LaGuardia Act, a 
   necessary prerequisite to district court jurisdiction to grant the status 
   quo injunctive relief the Union sought.