Wyatt Employment Law Report

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Acting NLRB General Counsel Issues New Guidelines for Seeking Section 10(j) Interim Relief in Connection with Discharges Occurring during Union Organizing Campaigns

By Edwin S. Hopson

On September 30, 2010, the NLRB Acting General Counsel announced an initiative to more quickly respond to charges filed when employees are discharged during a union organizing campaign. Henceforth, in all cases found to have merit by the NLRB regional directors, the General Counsel’s office in Washington, D.C. will review the case to determine if seeking a federal injunction compelling reinstatement of the employee would be appropriate pending litigation of the underlying unfair labor practice case. The injunction would be sought under Section 10(j) of the National Labor Relations Act once authorized by the Board.  Continue reading