NLRB will focus on injunctions in successor cases: for potential buyers, six questions about their labour obligations

By Dianne Rose LaRocca, Katharine J Liao and Maria C Rodriguez

In another move to increase its relevancy and efficacy in the workplace, the National Labor Relations Board has indicated that it intends to focus on seeking injunctions in successor cases. 

Section 10(j) of the National Labor Relations Act authorises the Board, upon issuance of a complaint, to seek a temporary injunction in US district court to stop unfair labour practices while the case is being litigated. According to the Board, ‘[t]hese 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.’

In recent years, the Board has focused its attention on obtaining such injunctions for violations that occur during the period after a union’s certification, when parties are or should be bargaining for an initial collective bargaining agreement. These violations include the traditional ‘nip in the bud’ unfair labour practices, such as threats, coercive interrogations, surveillance of protected activities, improper grant of benefits and unlawful employee discipline, including discriminatory discharges. According to the Board, in fiscal years 2012 and 2013 it sought and obtained bargaining orders in 16 of 19 first-contract bargaining cases, and relief in 80 per cent of cases involving discharges during an organising campaign…

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