Tuesday, August 19, 2014

NLRB Obtains Section 10(j) Injunction -- Improper Legal Standard Applied?

The NLRB has announced that it has obtained an injunction under Section 10(j) of the NLRA against Southern Bakeries, LLC.  This is the most recent example of federal courts applying a unique and improperly lenient legal framework to injunction requests by the NLRB -- one that is much more deferential to the party seeking the injunction -- instead of the general standard that the Supreme Court has indicated should apply in cases such as Winter v. NRPC.  To date the Supreme Court has declined to resolve this issue in context of Section 10(j) injunctions.

--Jonathan Nadler

--Jon Nadler

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