Fair Grounds Corp. v. Larmeu
Also decided on this docket: La. Ct. App. 1st Cir., February 28, 1966 183 So. 2d 661; La. Ct. App. 1st Cir., March 27, 1916 13 Tiess. 253; La., November 15, 1877 29 La. Ann. 798; La. Ct. App. 3d Cir., August 4, 1978 361 So. 2d 1339
Fair Grounds Corp. v. Larmeu, 306 So. 2d 316 (La. Ct. App. 1st Cir. 1974).
Cited by
- Roy v. Union Bank 347 So. 2d 286 La. Ct. App. 3d Cir. 1977
Opinion text
REDMANN, Judge (concurring in part). The only issue that is not moot is whether the union is entitled to damages, C.C.P. art. 3608, for wrongful issuance of the temporary restraining order. That order can only have been wrongful if (1) the contract entitled the union to not work on holidays, or (2) the employer’s own unilateral elimination of Christmas holiday pay without prior arbitration was such a breach of the contract as would deprive the employer of entitlement to the equitable remedy of injunction (on an unclean hands theory) to make labor follow the arbitration clause that the employer itself ignored. (1) The contract did not entitle the union to not work on holidays. (2) Assuming that the employer’s own behavior would have defeated the employer’s entitlement to injunction, the employer regained its entitlement by its subsequent offer to pay the Christmas pay subject to repayment if arbitration so ruled. Insofar as the judgment appealed from refused damages, it should be affirmed. In all other respects the appeal should be dismissed for mootness.