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Starbucks Corp. v. McKinney (US 23-367 oral arg. transcript 4/23/24) NLRB Injunctions

By April 23, 2024June 30th, 2024Uncategorized

Under the National Labor Relations Act, the National Labor Relations Board (NLRB) issues, prosecutes, and adjudicates complaints alleging that employers committed unfair labor practices. 29 U.S.C. § 160(b). Section 10(j) of the Act authorizes federal district courts, while the NLRB adjudication remains pending, to grant preliminary injunctive relief at the NLRB’s request “as [the court] deems just and proper.” Id. § 160(j).

The question presented, on which the courts of appeals are openly and squarely divided, is: Whether courts must evaluate the NLRB’s requests for section 10(j) injunctions under the traditional, stringent four-factor test for preliminary injunctions or under some other more lenient standard.