Tuesday, June 15, 2010
National Labor Relations Board General Counsel Ronald Meisburg reports that 112 injunction proceedings were authorized under Section 10(j) during his four-and-a-half years on the job. The Board seeks injunctions from the federal courts in certain cases to preserve the rights of employees during sometimes-lengthy Board administrative proceedings. A Board press release states:
According to [Meisburg's R]eport (available here, with appendices), injunctions were most commonly sought in cases in which an employer interfered with organizing campaigns, withdrew recognition from an incumbent union, undermined a bargaining representative, or refused to recognize a union that already existed in a workplace that was purchased. The agency won injunctions in 42 cases and lost in 12 others. Another 40 cases were settled before or after the petition for injunction was filed, 14 were not filed or withdrawn, and four are pending.
It is traditional for General Counsels to report on injunction activity at the end of their terms. Mr. Meisburg, whose term began in January 2006, leaves office at the end of this week.... In the report he noted, “The 112 authorized cases do, in my view, represent an active and vital 10(j) program and, given intake, merit factor and settlement rate differences, is quite high in historical comparison with other four year periods.”