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| May 2, 2011 | 25-CA-031683 | Republic Services, Inc. | Withdrawn |
| May 10, 2011 | 32-CA-025247 | Piedmont Gardens | Granted |
| May 10, 2011 | 08-CA-039327 | The American Bottling Company, Inc. d/b/a Dr. Pepper/Snapple Group | Granted |
| May 19, 2011 | 10-CA-038816 | NTN Bower Corporation | Denied |
| May 24, 2011 | 04-CA-036852 | Beacon Sales Acquisition, Inc., d/b/a Quality Roofing Supply Company | Granted |
| June 21, 2011 | 04-CA-037553 | Forrest/Cool Heat Sheet Metal | Granted |
| June 21, 2011 | 25-CA-031704 | Monogram Comfort Foods | Withdrawn |
| July 14, 2011 | 37-CA-007311 | HTH Corporation, Pacific Beach Corporation, and Koa Management LLC, a Single Employer, d/b/a Pacific | Seeking Injunction, Affirmed on Appeal |
| July 26, 2011 | 33-CA-015821 | American Red Cross | Granted in Part |
| July 26, 2011 | 04-CA-037764 | Hyundai Rotem USA Corporation & TTA Philadelphia LLC, Joint Employers | Settled pre-10(j) Petition |

