NLRB GC Supports Aggressive Use of Injunctions Against Employers in Organizing Campaigns

On February 1, 2022, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, announced an initiative to seek injunctive relief where workers have been subject to threats or other coercive conduct during an organizing campaign. According to the GC, “threats or other coercive conduct needs to be enjoined promptly, not only to erase the chilling impact they have on employees, but to prevent escalation of the words into action.”

Section 10(j) of the National Labor Relations Act allows the Board to go to federal court to obtain an injunction against employers or unions to stop unfair labor practices where normal Board processes would not be timely or adequate to effectively remedy the alleged violations. GC Abruzzo had previously issued memos that prioritized such relief against employers (without mention of unions) both generally and with regard to immigration-related matters. The current memo is further evidence of the Biden administration’s aggressive support for unions.