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Section 10(j) Categories
- Interference with organization campaign (no majority)
- Includes traditional "nip in the bud" unfair labor practices, such as threats, coercive interrogations, surveillance of protected activities, improper grant of benefits, and unlawful employee discipline, including discriminatory discharges
- If it includes shutdown or relocation of operations, subcontracting, or transfer of operations to alter ego or single or joint employer, see Category 3
- If it includes minority union recognition, see Category 6
- Interference with organizational campaign (majority)
- Includes Gissel cases where union has obtained a majority of authorization cards and employer engaged in serious and egregious unfair labor practices (see Memorandum GC 99-8 Guideline Memorandum Concerning Gissel)
- Will include unfair labor practices similar to Category 1
- Subcontracting or other change to avoid bargaining obligation
- These involve an employer's implementation of a major entrepreneurial-type decision which may include shutdown or relocation of operations, transfer of operations to alter ego or single or joint employer
- Changes may be discriminatorily motivated in violation of Section 8(a)(3) and/or independently violative of Section 8(a)(5)
- Withdrawal of recognition from incumbent
- Undermining of bargaining representative
- Includes implementation of important changes in working conditions, either discriminatorily or without bargaining with the union
- May include any of the additional types of violations listed in Category 1
- See also successor refusal to bargain (Category 7) or conduct during bargaining (Category 8)
- Minority union recognition
- Includes a variety of illegal assistance to and/or domination of a labor organization
- Successor refusal to recognize and bargain
- Includes discriminatory refusal to hire predecessor's employees
- Conduct during bargaining
- Includes refusal to provide relevant information, delay or refusal to meet, insistence to premature impasse or impasse on permissive or illegal subjects of bargaining, unlawful course of conduct in bargaining, or surface bargaining
- Mass picketing and violence
- Includes mass picketing which blocks ingress and egress to the plant or worksite, violence and threats thereof, and damage to property
- Notice requirements for strikes or picketing under Section 8(d) and 8(g)
- Includes strikes or picketing undertaken in contravention of the notice and waiting periods set forth in Section 8(d) (federal and state mediation) and 8(g) (notices to health care institutions)
- Refusal to permit protected activity on property
- May include employee picketing or handbilling arising from a labor dispute, or nonemployee efforts to disseminate organizational material to employees
- May also include a unilateral change in past practice or contractual term granting access to an incumbent union
- Union coercion to achieve unlawful objective
- May involve union insistence to impasse or permissive of illegal subject of bargaining, or union conduct that amounts to restraint or coercion of the employer in its selection of representatives for the purposes of collective bargaining or grievance adjustment
- Interference with access to Board processes
- May involve employer or union retaliation against employees for having resorted to the processes of the Board
- Retaliation may include threats, discharges, the imposition of internal union discipline or the institution of groundless lawsuits
- Segregating assets
- Includes an alienation of assets which may require a protective order to preserve respondent's assets for backpay
- Miscellaneous
- Includes injunction against certain lawsuits, employer violence, interference with employee activities for mutual aid and protection
