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Outgoing NLRB General Counsel reports on Board’s injunction activity during his term

In his recently released report on the NLRB’s Section 10(j) injunction activity, outgoing General Counsel Ronald Meisburg reported that 112 injunction proceedings were authorized under Section 10(j) during his four-and-a-half years on the job. “The 112 authorized cases do, in my view, represent an active and vital 10(j) program and, given intake, merit factor and settlement rate differences, is quite high in historical comparison with other four year periods,” Meisburg wrote. The Board seeks injunctions in certain cases to preserve the rights of employees during sometimes-lengthy administrative proceedings.

The Board won injunctions from federal courts in 42 cases and lost in 12 others during Meisburg’s tenure, according to the report. Another 40 cases were settled before or after the petition for injunction was filed, 14 were not filed or withdrawn, and four are pending. Injunctions were most commonly sought in cases in which an employer interfered with organizing campaigns, withdrew recognition from an incumbent union, undermined a bargaining representative, or refused to recognize a union that already existed in a workplace purchased by a successor employer.

It is traditional for the outgoing General Counsel to report on injunction activity at the end of his or her term. Meisburg, whose term began in January 2006, leaves office at the end of this week and will join the New York law firm of Proskauer Rose.