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National Labor Relations Board › Unfair Labor Practices › Injunctions

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Fox Rothschild LLP

5th Circuit Decision Could Encourage Employers to File Lawsuits to Escape NLRB Trials

Fox Rothschild LLP on

Last week, the U.S. Court of Appeals for the Fifth Circuit said the structure of the National Labor Relations Board (NLRB) is likely unconstitutional and enjoined the agency from conducting trials of unfair labor practice...more

Kilpatrick

Houston, We (May) Have a Constitutional Problem: Fifth Circuit Puts NLRB Structure in the Hot Seat

Kilpatrick on

In Space Exploration Technologies Corp. v. National Labor Relations Board (the “SpaceX Case”), the U.S. Court of Appeals for the Fifth Circuit upheld injunctions issued by federal district courts in Texas. The injunctions...more

Eversheds Sutherland (US) LLP

Not So Fast – NLRB Structure Unconstitutional According to the Fifth Circuit

Eversheds Sutherland (US) LLP on

In November 2022, a La Grange employee filed an unfair labor practice charge with the NLRB, which resulted in the regional office issuing a complaint in March 2024. La Grange sought injunctive relief with the US District...more

ArentFox Schiff

NLRB General Counsel Signals Intent to Continue Aggressive Use of Injunctions, Despite Supreme Court Setback

ArentFox Schiff on

Earlier this year, the US Supreme Court, in an 8-1 decision in Starbucks Corp. v. McKinney, adopted a more restrictive test for evaluating requests for injunctive relief under Section 10(j) of the National Labor Relations Act...more

Proskauer - Labor Relations Update

Despite Supreme (Court) Blow, Latest NLRB GC Memorandum Advocates for the Aggressive Pursuit of 10(j) Injunctions

Proskauer - Labor Relations Update on

On July 16, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released GC Memorandum 24-05 to all field offices stating that the agency should continue “to aggressively seek...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Weakens NLRB’s Ability to Obtain Injunctions in Labor Cases

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On June 13, 2024, the Supreme Court of the United States held that courts must assess requests for an injunction by the National Labor Relations Board (NLRB) using the traditional four-factor test for preliminary injunctions....more

ArentFox Schiff

Double Secret Probation! NLRB Propounds Expansive List of Potential Remedies It May Impose on Employers for Interfering with...

ArentFox Schiff on

We’ve all been on notice for some time that the current General Counsel of the National Labor Relations Board (NLRB or Board), as well as a majority of the Board itself, has an aggressively expansive view of employee rights...more

Proskauer - Labor Relations Update

Not Just Starbucks—Federal Judge Grants 10(j) Injunction against Amazon Based on Employee Termination

Proskauer - Labor Relations Update on

As we previously discussed in June 2022, the National Labor Relations Board (“NLRB” or the “Board”) pursued a 10(j) injunction against a Starbucks in Buffalo, New York after it fired workers for allegedly engaging in union...more

Proskauer - Labor Relations Update

Latest NLRB General Counsel Memorandum Directs Regions to Attempt to Settle 10(j) Injunctions Before Going to Court

Proskauer - Labor Relations Update on

National Labor Relations Board (“NLRB”) General Counsel (“GC”) Jennifer Abruzzo stated over a year ago that 10(j) injunctions in NLRB charges were “one of the most important tools available to effectively enforce the...more

Akerman LLP - HR Defense

The NLRB is Actively Using the Strongest Weapon in its Arsenal – Quick Injunctions

Akerman LLP - HR Defense on

Last year we warned that the NLRB pendulum was swinging pro-union, but even we could not have predicted just how swiftly the pendulum swing would happen. In the past year alone, General Counsel Jennifer Abruzzo of the...more

ArentFox Schiff

NLRB General Counsel Launches 10(j) Injunction Initiative Aimed At  Employers That Threaten Or Coerce Employees During Organizing...

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Section 10(j) of the National Labor Relations Act authorizes the NLRB to seek temporary federal court injunctions to stop employers and unions from engaging in unfair labor practices while a case is being litigated before the...more

Littler

D.C. Circuit Rejects NLRB's Award of Attorneys' Fees and Expenses in Unfair Labor Practice Cases

Littler on

The U.S. Court of Appeals for the D.C. Circuit recently rejected the National Labor Relations Board’s attempt to expand the remedies available under the National Labor Relations Act for unfair labor practices. Building on...more

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