NLRB General Counsel Issues New Guidance on 10(j) Injunctions Designed to Increase Settlements and Streamline Processes
Posted on Nov 7, 2022 on Employment, Labor Management Issues, News, NLRB by
Last week, the National Labor Relations Board (the “NLRB”) General Counsel, Jennifer Abruzzo, issued a memorandum to all field offices announcing new measures to improve the Agency’s effectiveness in securing relief under Section 10(j) of the National Labor Relations Act. In the memorandum, Abruzzo lays out the measures to be taken to settle the Section 10(j) aspect of cases warranting interim relief when initial efforts to settle the underlying administrative case prove unsuccessful. The memorandum states that charged parties will be given the opportunity to voluntarily agree to an interim agreement which may include:
- reinstatement; and
- agreeing to commence collective bargaining, pending final resolution of the administrative case by the Board.
In the event,
- the parties fail reach a settlement on interim relief,
- it is believed to be futile to seek such a settlement, or
- a party agrees to such a settlement but then later violates its terms,
the Region could seek authorization to petition for injunctive relief in federal district court. In such instances, the Regions would utilize streamlined 10(j) authorization procedures to facilitate more efficient processing and a quicker result.
Last week’s memo builds on the General Counsel’s prior memos which addressed the importance of injunctive relief and affirming the Board’s priority in continuing efforts to obtain immediate relief in cases that present a significant risk of remedial failure.
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