OFCCP Weekly Review: August 2021 # 4 | Association of Direct Employers

Thursday August 19, 2021: NLRB to “aggressively seek” injunctions to end alleged unfair labor practices

In a note to all Regional Directors, Responsible Officers and Resident Officers, the newly (NLRB) National Labor Relations Board (and controversial) appointed General Counsel, Jennifer Abruzzo, said:

“I believe that section 10 (j) injunctions are one of the most important tools available for effective law enforcement. [National Labor Relations Act]. Effective enforcement requires that we protect in a timely manner the right of employees, in accordance with Article 7, to exercise their free choice regarding participation in protected union and concerted activities, including organizing and collective bargaining. Article 10 (j) provides the tool to ensure that employee rights will be adequately protected against the failure of corrective actions due to the passage of time. During my tenure as Advocate General, I intend to aggressively seek relief under Article 10 (j) if necessary to preserve the status quo and the effectiveness of the Council’s final orders.

The Council announced the publication of the 2-page note (and the note itself) via a Press release. Section 10 of the Act (Prevention of Unfair Labor Practices), Section (j) (Injunctions), authorizes the NLRB to seek temporary injunctions against employers and unions in federal district courts to end labor practices. alleged unfair labor while the case is pending before the administrative courts. judges of law and the Council.

The memo details the “extremely positive results” of the most recent initiatives under Article 10 (j).

Aware

To initiate an injunction action in a federal district court for an interim injunction, the regional director must first identify the need and initiate the movement by submitting a request to the Injunction Litigation Branch (ILB) within the NLRB. The ILB then makes its recommendation to the NLRB General Counsel, who must ultimately seek permission from the Board of Directors if it approves the injunction. Once the Council has authorized the filing of the injunction request in the federal court, the regions then file the appropriate petition in the appropriate federal district court, in the absence of a resolution of the underlying dispute.

There are 15 categories of labor disputes in which the injunctions of Article 10 (j) may be appropriate.

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