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The top lawyer for the National Labor Relations Board (NLRB) is ordering her subordinates to continue to seek injunctions against employers for alleged violations of the National Labor Relations Act (NLRA), despite the Supreme Court seemingly making it more difficult to obtain an injunction to enjoin an unfair labor practice.

Section 10(j) of the NLRA permits the NLRB to seek temporary injunctions against employers and unions in federal courts to enjoin allegedly unfair labor practices while the case is being litigated before the NLRB. As we recently wrote, in Starbucks Corp. v McKinney, the Supreme Court ruled that the standard for issuing a Section 10(j) injunction was a four-part test applied traditionally when a party seeks an injunction instead of a two-part test applied in labor cases.

Not to be deterred, in a July 16, 2024, memorandum, NLRB General Counsel Jennifer A. Abruzzo instructed NLRB regional directors and other senior staff to continue to pursue injunctive relief against employers despite the Supreme Court’s ruling.

“It remains my intention to aggressively seek Section 10(j) injunctions where necessary to preserve the status quo and efficacy of Board final orders.”

Abruzzo wrote that adoption of the uniform standard in the Starbucks case for injunctions under the NLRA “will not have a significant impact on the Agency’s Section 10(j) program as the Agency has ample experience litigating Section 10(j) injunctions under that standard.”

Takeaways

Although the NLRB’s burden in seeking an injunction has seemingly increased, the NLRB plans on continuing to seek injunctive relief under the NLRA.

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Photo of John P. Rodgers John P. Rodgers

John Rodgers represents public and private employers in employment-related litigation and assists them with employment policies, employee handbooks, workplace investigations, disciplinary actions, and terminations. He actively litigates employment disputes on behalf of employers and has handled discrimination and retaliation, wage and hour, FMLA…

John Rodgers represents public and private employers in employment-related litigation and assists them with employment policies, employee handbooks, workplace investigations, disciplinary actions, and terminations. He actively litigates employment disputes on behalf of employers and has handled discrimination and retaliation, wage and hour, FMLA, and non-compete cases in both state and federal court. He also devotes substantial attention to ERISA litigation and representing individuals and businesses in conservatorship matters.

Photo of Matthew C. Lonergan Matthew C. Lonergan

Matt Lonergan is a partner in the Labor & Employment, Litigation and International & Cross Border practice groups. He has represented companies throughout the country in the areas of union organizing, collective bargaining negotiations, grievance and arbitration, employment discrimination litigation in both federal…

Matt Lonergan is a partner in the Labor & Employment, Litigation and International & Cross Border practice groups. He has represented companies throughout the country in the areas of union organizing, collective bargaining negotiations, grievance and arbitration, employment discrimination litigation in both federal and state courts, the National Labor Relations Act, wrongful discharge, wage and hour law, and other employment-related areas. Matt is also a member of the Nashville, Tennessee (Labor Law Section), Texas and American (Labor and Employment Law Section) Bar Associations, and a Fellow of the Nashville Bar Association.

Photo of Anne R. Yuengert Anne R. Yuengert

Anne Yuengert works with clients to manage their employees, including conducting workplace investigations of harassment or theft, training employees and supervisors, consulting on reductions in force and severance agreements, drafting employment agreements (including enforceable noncompetes) and handbooks, assessing reasonable accommodations for disabilities, and…

Anne Yuengert works with clients to manage their employees, including conducting workplace investigations of harassment or theft, training employees and supervisors, consulting on reductions in force and severance agreements, drafting employment agreements (including enforceable noncompetes) and handbooks, assessing reasonable accommodations for disabilities, and working through issues surrounding FMLA and USERRA leave. When preventive measures are not enough, she handles EEOC charges, OFCCP and DOL complaints and investigations, and has handled cases before arbitrators, administrative law judges and federal and state court judges. She has tried more than 30 cases to verdict.