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<br />3. The Union is the exclusive bargaining representative for approximately 105 employees <br /> <br />(the "employees") working at the Plant. All of the employees are members of the Union. <br /> <br />4. Defendant Joseph Battaglia is a Business Representative for the Union, is employed at the <br /> <br />Union's principal place of business, and has primary responsibility at the Union for <br /> <br />representing the employees. <br /> <br />5. Cretex and the Union were parties to a collective bargaining agreement covering the <br /> <br /> <br />employees at the Plant (the "Agreement") that expired on December 31, 2004. <br /> <br /> <br />6. Since November of2004, Cretex and the Union have been bargaining for the purpose of <br /> <br /> <br />reaching an agreement to succeed the Agreement (''the successor contract"). <br /> <br />7. Cretex and the Union reached a tentative successor contract on or about April 13,2005, <br /> <br /> <br />but the employees failed to ratify the Agreement. <br /> <br /> <br />8. The Union, Battaglia and the employees struck Cretex and commenced picketing the <br /> <br /> <br />Plant on April 19,2005. <br />9. Cretex has alleged that Defendants and other persons in active concert or participation <br /> <br />with them have engaged in certain unlawful conduct, including alleged violations of the <br /> <br />Minnesota Labor Relations Act, Minn. Stat. ~~ 179.01 et~. (the "Act"). Defendants <br /> <br />deny those allegations. <br /> <br />] O. Defendants have alleged that Cretex and other persons in active concert or participation <br /> <br />with them have engaged in certain unlawful conduct, including alleged violations of the <br /> <br />Act. Cretex denies those allegations. <br /> <br />11. Cretex moved for an order temporarily restraining Defendants and other persons in active <br /> <br />concert or participation with them from engaging in certain unlawful acts, and Defendants <br /> <br />-2- <br />