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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 Datesort ascending Case Number Case Name Injunction Status
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
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
June 21, 2011 04-CA-037553 Forrest/Cool Heat Sheet Metal Granted
June 21, 2011 25-CA-031704 Monogram Comfort Foods Withdrawn
May 24, 2011 04-CA-036852 Beacon Sales Acquisition, Inc., d/b/a Quality Roofing Supply Company Granted
May 19, 2011 10-CA-038816 NTN Bower Corporation Denied
May 10, 2011 08-CA-039327 The American Bottling Company, Inc. d/b/a Dr. Pepper/Snapple Group Granted
May 10, 2011 32-CA-025247 Piedmont Gardens Granted
May 2, 2011 25-CA-031683 Republic Services, Inc. Withdrawn
April 17, 2011 22-CA-029792 McClain & Co., Inc. Granted
April 5, 2011 13-CA-046528 Latino Express Granted
April 5, 2011 32-CA-025100 OS Transport LLC (CA); OS Transport LLC (NV); HCA Management, Inc.; OS Management Enterprises, Inc. Granted
March 31, 2011 22-CA-029599 Somerset Valley Rehabilitation and Nursing Center Granted in Part
March 30, 2011 08-CA-039152 Case Farms Processing, Inc. Granted
March 29, 2011 31-CA-029713 Veritas Health Services, Inc. d/b/a Chino Valley Medical Center Seeking Injunction, Affirmed on Appeal
March 29, 2011 20-CA-035385 Kindred Healthcare Sacramento Settled post-10(j) Petition
March 28, 2011 09-CA-046125 K-VA-T FOOD STORES, INC. D/B/A FOOD CITY Settled post-10(j) Petition
March 27, 2011 13-CA-046359 A.D. Conner, Inc., Gas City, Ltd, Heidenreich Trucking Company, McEnery Enterprises, McEnery Truckin Granted
March 22, 2011 19-CA-032870 Star West Satellite, Inc. Settled pre-10(j) Petition

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