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
February 9, 2012 09-CA-066542 Jewish Hospital & St. Mary's Healthcare, Inc. d/b/a Our Lady of Peace Granted in Part
February 1, 2011 09-CA-045772 DYNAMIC ENERGY, INC., AND JUSTICE HIGHWALL MINING, INC., AND M&P SERVCES, INC. Granted in Part
February 3, 2011 21-CA-039268 Avanti Health System, LLC; CHHP Holding II, LLC; and CHHP Management, LLC Granted
August 16, 2011 08-CA-039376 Rite Aid of Ohio, Inc. Granted
September 27, 2012 05-CA-073517 Robey Inc. Seeking Injunction
July 25, 2012 09-CA-075496 VOITH INDUSTRIAL SERVICES, INC Seeking Injunction
November 18, 2012 04-CA-079603 Pratt Corrugated Logistics and Pratt Industries, Inc. Single Employer Seeking Injunction
September 29, 2010 21-CA-039296 Kaiser Foundation Hospitals; Southern California Permanente Medical Group; Kaiser Foundation Health Granted
September 6, 2012 09-CA-073268 PNK OHIO LLC d/b/a RIVER DOWNS RACETRACK Settled pre-10(j) Petition
April 5, 2011 32-CA-025100 OS Transport LLC (CA); OS Transport LLC (NV); HCA Management, Inc.; OS Management Enterprises, Inc. Granted