On February 27, 2024, WLF filed an amicus brief in an important labor-law case. The Sixth Circuit held that to obtain preliminary injunctive relief under Section 10(j) of the National Labor Relations Act, the NLRB need prove only that the facts, viewed in the light most favorable to the NLRB, support a non-frivolous legal theory. As WLF’s brief shows, this lax burden conflicts with recent Supreme Court precedent that has rejected special rules for special areas of the law. WLF’s brief also explains the consequences of the Sixth Circuit’s test. Besides hurting employers and the economy, under the Sixth Circuit’s test anytime a district court denies a Section 10(j) injunction, the district court could refer the NLRB’s counsel for disciplinary proceedings. The absurdity of such a rule is self-evident.

Documents

WLF amicus brief