NLRB Must Satisfy Traditional Preliminary Injunction Standards To Secure Section 10(J) Relief Against an Employer Pending Administrative Enforcement Proceedings, SCOTUS Rules

The Supreme Court held that the National Labor Relations Board must show it will likely succeed on the merits to obtain a preliminary injunction during administrative proceedings. Partners Shay Dvoretzky, Parker Rider-Longmaid and David Schwartz and associate Sylvia Tsakos review the ruling, an important victory for employers as it rejects a more lenient test and requires courts to be “referees,” not “spectators.”