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NLRB in Court: SCOTUS Revises Injunction Standards, Other Standards Under Review

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In a ruling widely considered a victory for employers, the Supreme Court ruled 8-1 that the standards for assessing an application by the National Labor Relations Board (NLRB) for a 10(j) injunction should be the same as used in other civil injunction applications. Although widely anticipated as bringing harmony to an area with numerous “circuit splits,” the ruling will require the Board to be more thorough and persuasive than in past injunction proceedings, especially in this one involving Starbucks, currently the Board’s principal adversary.

Procedural Regularity

In legal terms, the Court rejected the “less exacting” reasonable cause test

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