Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Thursday, October 30, 2008

7th Affirms Issuance of 10(j) Injunction

7thcirseal Lineback v. NLRB, ___F.3d___ (7th Cir. Oct. 8, 2008), is an interesting decision where the court affirms the issuance of a 10(j) injunction. 10(j) injunctions are issued against employers pending resolution of unfair labor practice charges. The allegations in this case were that the employer discriminated against union supporters, unilaterally changed preexisting policies granting work assignments based on seniority, and implemented an evaluation procedure for assigning certain work without bargaining with the union.

The 7th held that the district court  did not clearly err in finding an award of damages years down the line would be an inadequate remedy.  The court also rejected the argument that the injunction was overbroad. It prohibited only those actions that are similar to the violations already allegedly committed by the employer.

Mitchell H. Rubinstein

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