Joseph v. MTA Bridges & Tunnels
NEW YORK COUNTY
Justice Peter Moulton
In this labor dispute, petitioners union and its president, Joseph, sought a preliminary injunction barring respondent MTA Bridges and Tunnels from transferring any Bridge and Tunnel Officers Benevolent Association members from their jobs at the Henry Hudson Bridge to other locations pending resolution of an arbitration. Two unions having members working at the bridge seek to intervene, contending any injunction would adversely affect their members' work assignments. The association filed a grievance arguing the transfers were barred by a collective bargaining agreement, and the grievance will be heard in binding arbitration. The court granted the intervention motions as both unions demonstrated they had an interest in the outcome of the application for a preliminary injunction. But the court found petitioners failed to show that any arbitral award in their favor would be rendered ineffectual without the relief sought, and also failed to show they would suffer irreparable harm absent the injunction. Therefore, the court denied petitioners' motion for a preliminary injunction and granted respondent's motion to dismiss the proceeding.