10j Injunctions

10(j) Injunction Activity at the National Labor Relations Board

Section 10(j) of the National Labor Relations Act authorizes the National Labor Relations Board to seek temporary injunctions against employers and unions in federal district courts to stop unfair labor practices while the case is being litigated before administrative law judges and the Board. These temporary injunctions are needed to protect the process of collective bargaining and employee rights under the Act, and to ensure that Board decisions will be meaningful. The section was added as part of a set of reforms to the Act in 1947. Over the years, all NLRB General Counsels have made use of this effective enforcement tool, as shown in this chart.

There are 15 categories of labor disputes in which Section 10(j) injunctions may be appropriate, listed here. Under NLRB processes, potential cases are identified by Regional Offices and reviewed by the General Counsel, who must seek authorization from the Board before proceeding to court. Below is a list of all 10(j) injunction cases authorized by the Board since September 1, 2010, with status updates.

Authorization Date Case Number Case Name Status
May 2, 2011 25-CA-031683 Republic Services, Inc. Withdrawn
March 28, 2011 09-CA-046125 K-VA-T FOOD STORES, INC. D/B/A FOOD CITY Seeking Injunction
March 22, 2011 19-CA-032870 Star West Satellite, Inc. Settled pre-10(j) Petition
November 30, 2010 05-CA-035687 Daycon Products Company, Inc. Withdrawn
November 2, 2010 24-CA-011504 Kike Transport Settled pre-10(j) Petition
January 18, 2012 31-CA-030077 Weststar Settled pre-10(j) Petition
November 14, 2010 09-CA-045568 Basic Grain Products, Inc. d/b/a Tastemorr Settled post-10(j) Petition
March 29, 2011 20-CA-035385 Kindred Healthcare Sacramento Settled post-10(j) Petition
April 17, 2011 22-CA-029792 McClain & Co., Inc. Granted
April 5, 2011 13-CA-046528 Latino Express Granted