Unfair Labor Practice - Interim Injunctive Relief

Interim Injunctive Relief

If the General Counsel believes that there is cause to issue complaint, then he can seek injunctive relief from a federal district court under Section 10(j) of the Act. Injunctive relief is usually ordered when necessary to preserve the status quo pending the Board's decision on the complaint or to prevent employees from suffering irreparable harm. Any injunction lapses once the NLRB issues its decision.

The General Counsel does not have to prove that the allegations in the complaint are well-founded, but only that he has some evidence, together with an arguable legal theory, to support his claims. Even so, the General Counsel rarely uses this power to seek relief while complaints are pending, other than in secondary boycott cases, in which the Act commands the General Counsel to seek injunctive relief.

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