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10(j) 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 sort ascending Case Number Case Name Injunction Status
04/18/2011 22-CA-029792 McClain & Co., Inc. Granted
04/06/2011 32-CA-025100 OS TRANSPORT LLC AND HCA MANAGEMENT, INC. A SINGLE EMPLOYER Granted
04/06/2011 13-CA-046528 Latino Express, Inc. Granted
04/01/2011 22-CA-029599 1621 ROUTE 22 WEST OPERATING COMPANY, LLC D/B/A SOMERSET VALLEY REHABILITATION & NURSING CENTER Granted in Part
03/31/2011 08-CA-039152 Case Farms Processing, Inc. Granted
03/30/2011 20-CA-035385 Kindred Healthcare Sacramento Settled post-10(j) Petition
03/30/2011 31-CA-029713 Veritas Health Services, Inc. d/b/a Chino Valley Medical Center Seeking Injunction, Affirmed on Appeal
03/29/2011 09-CA-046125 K-VA-T FOOD STORES, INC. D/B/A FOOD CITY Settled post-10(j) Petition
03/28/2011 13-CA-046359 A.D. Conner, Inc., Gas City, Ltd, Heidenreich Trucking Company, McEnery Enterprises, McEnery Truckin Granted
03/23/2011 19-CA-032870 Star West Satellite, Inc. Settled pre-10(j) Petition
03/22/2011 31-CA-029780 Lakewood Manor North Settled post-10(j) Petition
03/15/2011 02-CA-039988 Pre School of America Settled post-10(j) Petition
02/23/2011 20-CA-035228 Kuni Hubacher Motors LLC d/b/a Kuni Sacramento Settled pre-10(j) Petition
02/11/2011 15-CA-019704 Carey Salt, Inc., a subsidiary of Compass Minerals International, Inc. Denied
02/04/2011 21-CA-039268 Avanti Health System, LLC; CHHP Holding II, LLC; and CHHP Management, LLC Granted
02/02/2011 09-CA-045772 DYNAMIC ENERGY, INC., AND JUSTICE HIGHWALL MINING, INC., AND M&P SERVCES, INC. Granted in Part
02/01/2011 04-CA-037628 Tricont Trucking Company Withdrawn
01/26/2011 12-CA-026771 Amerigas Settled pre-10(j) Petition
01/13/2011 25-CA-031502 Marsh Supermarket Settled post-10(j) Petition
01/11/2011 25-CA-031626 Sabre Mfg. Settled pre-10(j) Petition