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

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Shay Dvoretzky Parker Rider-Longmaid David E. Schwartz Sylvia O. Tsakos

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.”