Restaurant workers are pitted against the opera company's subcontractor, Food Associates, in their two-year drive to win a union. The company insists that union recognition must come about as a result of a representation election, rather than the collection of union cards from a majority of workers. A federal district court in Manhattan fined the union $10,000 for allegedly harassing the opera house, and issued an injunction to bar the union from subjecting the company or anybody associated with it to "fraudulent" or "defamatory" criticism. Slogans chanted by workers at demonstrations, such as "Shame on you" and "No more lies" were cited in the ruling.

The appeals court stated that Judge Loretta Preska of the federal district court had been wrong in issuing the injunction, calling it "an improper and overbroad prior restraint," according to the New York Times. "Prior restraints are the most serious and the least tolerable infringement on First Amendment Rights," stated the three judges in their unanimous verdict.

The union, on the other hand, expressed satisfaction with the ruling and said they will proceed with the unionization drive. Brooks Bitterman, Local 100's research director, told the media the court ruling will expedite the organizing efforts. So far 76 of the 95 workers have signed union authorization cards.  
 
 
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