Ryan Funk Comments on Discovery in 10(j) Proceedings With Bloomberg Law

In “Starbucks’ Discovery Fights Are Stalling Labor Injunction Cases,” Bloomberg Law turned to labor and employment partner Ryan Funk for his commentary on discovery disputes in recent 10 (j) cases and how the National Labor Relations Board (NLRB) can address discovery proceedings.

Funk explained that discovery at the NLRB’s administrative tribunals is limited to document production, meaning parties can’t submit interrogatories or depose witnesses. Those documents are due the day of the hearing before an administrative law judge, which gives attorneys little time to review the material before the start of a trial, he added.

“The recent 10(j) cases involving discovery disputes should be a signal to the NLRB that it needs to change its own processes to allow charged parties to have a chance for real discovery during administrative law judge proceedings,” Funk noted.

The full article is available for Bloomberg Law subscribers.