In unusual circumstances arising during unionization campaigns, the National Labor Relations Board can seek a so-called Section 10(j) injunction to immediately order the employer or union to cease illegal acts associated with the campaign. Last week in an 8-1 decision, the U.S. Supreme Court concluded that the NLRB must meet the usual requirements for injunctive relief to obtain a 10(j) order.

In the Supreme Court’s decision, the NLRB intervened on behalf of several employees of a national retailer who were allegedly fired in retaliation for their participation in an organizing effort. The Sixth Circuit Court of Appeals applied a relaxed standard for issuing 10(j) injunctions, allowing issuance based on reasonable cause and the fairness of the relief sought. The retailer appealed this decision to the Supreme Court, arguing that 10(j) injunctions can only be issued where the NLRB meets the typical requirements for injunctive relief, including irreparable harm to the alleged affected parties.

The court agreed, finding nothing in Section 10(j) that applies a relaxed standard for issuance of injunctive relief. While this decision will not impact most organizing campaigns, it eliminates the NLRB’s ability to intervene in some organizing campaigns prior to the vote absent compelling circumstances for issuing an injunctive order.

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