Supreme Court and NLRB Injunctions

The NLRB can seek an injunction against an employer that commits unfair labor practices. That’s what it tried to do when it claimed Starbucks fired employees trying to unionize. The U.S. Supreme Court, refusing to apply a less stringent rule, imposed a 4-factor test for courts to use in deciding whether to grant such injunctions. This 4-factor test is the same one commonly used by federal courts in other situations: (1) whether the party seeking the injunction is likely to succeed on the merits of the underlying case, (2) whether there would be “irreparably harm” if the injunction was not granted, (3) the balance of interests between the parties, and (4) whether the injunction would serve the public interest. #IdeaoftheDay

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