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Excerpt from www.swlaw.com
In the latest labor law brew-haha, the U.S. Supreme Court reconciled a circuit split by requiring the National Labor Relations Board (NLRB) to marshal substantial proof to win temporary injunctions against employers for alleged unfair labor practices. The decision weakens what has been one of the NLRB’s most potent tools in recent years during ongoing labor disputes.
Background
The National Labor Relations Act (the Act) prohibits employers and unions from engaging in certain “unfair labor practices.” 29 U.S.C. §§ 158(a), (b). The NLRB enforces the prohibition, and its authority kicks in when a person files a charge with the agency. 29 U.S.C. § 160(a). If the charge appears to have merit, the NLRB issues a complaint triggering adjudicatory proceedings within the agency. Because the administrative proceedings can take years, Section 10(j) of the Act permits the NLRB to seek a preliminary injunction in federal court while the proceedings unfold.
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