Wash. Court of Appeals published opinion — 315223.cor.pdf

494 v. Rosauer's Super Mkts., Inc., 29 Wn. App. 150, 154,627 P.2d 1330 (1981). The

district had a clear legal right not to be subjected to arbitration of nonarbitrable matters.

Fear ofimmediate invasion ofthe right. Once the union submitted an arbitration

demand to the AAA, the district had a reasonable fear that the organization would move

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No.3l522-3-III
Spokane Sch. Dist. No. 81 v. Spokane Educ. Ass 'n

forward to schedule arbitration. The union's argument that this element was not shown is

predicated on its flawed assumption that the arbitration the AAA was preparing to

conduct was one to which Ms. Easterling was entitled. The court did not err in finding

that the district demonstrated the showing required for injunctive relief.

Actual and substantial injury. The third element required to obtain injunctive

relief is that the acts complained of will result in substantial and actual injury to the

moving party. The trial court concluded that the injuries here were numerous, including

but not limited to loss of time for district staff to prepare for and participate in an

uncalled for arbitration, attorney fees for preparation and attendance at arbitration, loss of

the bargained-for right not to be subject to arbitration, and establishing precedent

allowing the union to ignore the terms of the CBA. The court did not abuse its discretion

in finding that the district would suffer actual and substantial injury if it was forced to

arbitrate matters that were not arbitrable under the CBA.

Given the presence of all three elements of the required showing, the trial court

cannot be said to have abused its discretion in granting the injunction.