August 20, 2021

Ryan Funk Addresses Section 10(j) of the National Labor Relations Act With Law360

In “NLRB GC’s Injunction Memo A ‘Warning Shot’ To Management,” labor and employment associate Ryan Funk talked to Law360 about a memo that National Labor Relations Board (NLRB) general counsel Jennifer Abruzzo issued, which said she will “aggressively seek” injunctions under Section 10(j) of the National Labor Relations Act.

Funk, a former field attorney with the NLRB, said Democratic general counsel generally have a more expansive view of what cases may warrant 10(j) litigation than Republicans do. He added that Abruzzo could also use more informal methods of boosting 10(j) litigation by merely reminding the regional offices to be more active in evaluating whether cases are potential injunction candidates.

“There are lots of different levers this new administration at the agency can use to try to increase the frequency with which it’s seeking 10(j) and the types of cases for which it’s seeking that kind of relief,” Funk explained.

Funk also noted that even if Abruzzo is more active in wielding Section 10(j), the courts remain a variable that is out of her control. That could change somewhat if Democrats are able to enact the Protecting the Right to Organize Act, he said, as the legislation would require the agency to use 10(j) more often and would loosen the standard for federal courts to grant the injunction request.

The full article is available for Law360 subscribers.

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