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||Injunction Status|
|May 12, 2013||28-CA-097436||First Transit, Inc.||Seeking Injunction|
|May 20, 2013||19-CA-074715||Kitsap Tenant Support Services, Inc.||Seeking Injunction|
|June 13, 2013||04-CA-099391||M & B Operations, LLC||Seeking Injunction|
|June 13, 2013||04-CA-099506||THOMAS JEFFERSON UNIVERSITY HOSPITAL||Seeking Injunction|
|June 13, 2013||08-CA-090083||DHSC, LLC d/b/a Affinity Medical Center||Seeking Injunction|
|June 27, 2013||29-CA-100827||All American School Bus Corp.||Granted|
|July 9, 2013||08-CA-096779||AMERICAN METAL PROCESSING COMPANY, LLC||Settled post-10(j) Petition|
|July 14, 2013||26-CA-091524||PROGRESS RAIL SERVICES CORPORATION, A SUBSIDIARY OF CATERPILLAR||Seeking Injunction|
|July 14, 2013||28-CA-100434||FARM FRESH COMPANY TARGET ONE, LLC||Seeking Injunction|
|August 21, 2013||12-CA-101034||Professional Transportation, Inc.||Seeking Injunction|