David Reis

At 6 a.m. on Friday, Feb. 1, 2019, the Union of Operating Engineers at Marin General Hospital struck in protest of the hospital's change in employee health care coverage. As anticipated, the picket line outside the medical facility was noisy, to the point of disturbing patients.

By Saturday, David J. Reis was on hand, retained by the hospital to try to hush the demonstrations. "They tend to be loud and disruptive on the picket line," the Arnold & Porter partner said. "They have a big metal gong hanging in a metal frame and two guys hit it with a metal hammer. It makes the most bone-chilling sound." There were air horns and bullhorns.

But California law, including the 1976 Moscone Act, prohibits certain labor-related activities from being restrained, including peaceful picketing, making it nearly impossible for employers to obtain injunctions. "Law enforcement, unless there's violence, generally does very little," Reis said.

At the hospital Reis surveyed the situation. "The union was blocking crosswalk access and there were lots of complaints." He located the mother of a 21-year-old active duty military man who was in the intensive care unit after being paralyzed in a motorcycle accident. "She went out to ask them to quiet down because he needed time to heal and rest. They told her to tell the hospital to give them what they want and they would give him rest. I got her declaration myself, and some others. I was there all weekend."

On Monday, Reis was in court, seeking an injunction. Following a fast-track series of contentious hearings over three days involving numerous hospital and union witnesses, plus community members and patients, on Friday Marin County Superior Court Judge Stephen P. Freccero issued a preliminary injunction requiring the union to keep noise levels below specified decibel levels and to refrain from blocking entrances to the hospital. Marin General Hospital v. International Union of Operating Engineers Local 39 AFL-CIO, CIV-1900456 (Marin Super. Ct., filed Feb. 4, 2019).

The sound of the gong "has resulted in extreme discomfort to patients, employees and visitors" to the hospital, Freccero wrote in his order.

"The mother of the paralyzed soldier was willing to come from Fresno to testify, but the union agreed it wasn't necessary. They would accept her declaration. They knew a crying mother wasn't going to look good," Reis said.

"The union stayed out there, but they complied with the noise restrictions," he added. "It was a week's whirlwind of litigation. The union is appealing the injunction, but if I were them I'd be careful what I wish for. I'd love to have a published opinion on this. All of us at the firm felt really good about doing some good in the world."

-- John Roemer