Law360 Shares Insight from Joseph Richardson on National Labor Relations Board’s 10(j) Injunction

The National Labor Relations Board (NLRB) recently disclosed that it takes an average of nearly 10 months to file an emergency injunction that would end an ongoing labor violation. In an article in Law360, Willig, Williams & Davidson attorney Joseph Richardson discusses how this glacial pace affects labor organizing campaigns.

Section 10(j) of the National Labor Relations Act empowers the NLRB to file injunctions to put an immediate end to ongoing labor violations. But a 10-month timeline to even file the injunction diminishes the value of the procedure, Richardson said, particularly in cases where an employer has fired a leader of an organizing drive to send a message to their colleagues: “If the board waits too long to file for 10(j) … there may be nothing for the injunction to cure, because the organizing campaign may be dead.”

Despite the challenges of 10(j) injunctions, Richardson affirms that they serve a vital purpose and should be expedited as much as possible: “I would hope that the board would continue to prioritize 10(j) cases and would do so even more now so they can cut down on the amount of time that’s associated with getting 10(j) petitions across the line.”

Read the full article online: NLRB’s 10(j) Injunction Pace Reflects Tight Staffing (Subscription is required.)