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Labor Board Continues Push For Injunctive Relief

Courts may intervene while administrative hearings are pending

Connecticut Law Tribune

April 27, 2012

Authors: Peter J. Murphy

In recent months, the National Labor Relations Board has received increased media coverage due to organizational changes, including President Barack Obama’s January 2012 recess appointment of three new members to the board. During this period of change at the executive level, the NLRB’s regional offices have continued to pursue unfair labor practice charges against employers, and to seek injunctive relief from district courts while administrative hearings are pending.

Injunctive relief petitions filed in district courts doubled from 2010 to 2011, and the NLRB has continued this increased pace in 2012. Recent cases from Connecticut and other states demonstrate that the NLRB has succeeded with such petitions, including obtaining orders that an employer rehire terminated or outsourced employees prior to the conclusion of the underlying administrative hearing.

Such orders can have a significant impact on an employer’s business. Therefore, when an unfair labor complaint is filed, an employer must anticipate a related request for injunctive relief and be prepared to assert an appropriate defense.

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