National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo sent a memo to all NLRB field offices reaffirming her commitment to seeking Section 10(j) injunctions after the Supreme Court’s recent decision in Starbucks Corp. v. McKinney, which set a uniform four-part test applicable to all Section 10(j) injunction petitions.
General Counsel Abruzzo explained that, while the Supreme Court’s decision in Starbucks Corp. provides a uniform standard to be applied in all Section 10(j) injunctions nationwide, adoption of this standard will not have a significant impact on the NLRB’s Section 10(j) program as the agency has ample experience litigating injunctions under that standard and has a high rate of success in obtaining injunctions under the four-part test —a success rate equivalent to or higher than the success rate in circuit courts that applied the two-part test.