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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32338
Experience:  Began practicing law in 1992
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How do you file a injunction against a vote

Customer Question

how do you file a injunction against a vote
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Maverick replied 4 months ago.

Can you please provide more background facts so we can put your question into context?

Customer: replied 4 months ago.
my union is slamming a new contract from management down our necks. I want to know how to stop them if the vote go through in the employers favor. the union is tell us if the no one sends the ballots back in to the independent party they will count all votes as yes votes. how is this possible? there are 3000 members.if 1200 vote no and the remanders don not send them back you count them as YES. can't be possible. what I would really like is to stop them from even bringing this new contract to a vote.
Customer: replied 4 months ago.
we have been five years without a contract. after all this time they bring a offer that is ludicrist. Also if you do not vote its a yes people are up in arms
Expert:  Maverick replied 4 months ago.

I will need to defer to a labor union law expert. Your deposit is still intact and you need not do anything on your end.

Customer: replied 4 months ago.
ty
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and

looking forward to assisting you today.

Different expert here.

An injunction is an extremely complicated procedure and you would need a lawyer not just because of that but also because they would have to represent multiple people.

While the supporting documentation (such as the affidavits) varies according to the specific facts, the actual process doesn't change much between cases.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

You can find a lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter Civil Litigation or Employment Law. Either of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

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