August 20, 2021

Ryan Funk Provides Insight on NLRB GC's Expected Increase in Seeking Injunctions

Law360 reported in the article, “NLRB GC’s Injunction Memo A ʻWarning Shot’ To Management,” that the National Labor Relations Board (NLRB)’s top prosecutor recently outlined her views on when the board should seek injunctions to address serious unfair labor practice allegations.

The publication turned to labor and employment associate Ryan Funk for insight on the NLRB general counsel Jennifer Abruzzo’s memo where she said will “aggressively seek” injunctions under Section 10(j) of the National Labor Relations Act.

Funk noted that Democratic general counsel generally have a more expansive view of what cases may warrant 10(j) 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 said.

Funk cautioned 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, Funk 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.

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