NLRB General Counsel Launches 10(j) Injunction Initiative Aimed At  Employers That Threaten Or Coerce Employees During Organizing Campaigns

Section 10(j) of the National Labor Relations Act authorizes the NLRB to seek temporary federal court injunctions to stop employers and unions from engaging in unfair labor practices while a case is being litigated before the Agency. On Monday, National Labor Relations Board General Counsel Jennifer Abruzzo announced a new initiative: To seek 10(j) injunctions against employers that threaten or coerce employees during an organizing campaign. The goal is to deter the offending conduct before it escalates into unlawful discharges or other adverse actions. 
On

The General Counsel's memorandum can be found here.

Explained Abruzzo:

Threats often escalate into action, imposing even more burdens and chilling effects on employees. They are not mere words impacting employees, but a prelude to what is likely to come to pass. Therefore, I believe that threats or other coercive conduct need to be promptly stopped, not only to erase the chilling impact they have on employees, but to prevent escalation of the words into action.

To determine whether to pursue injunctive relief, the Agency will consider all contextual circumstances, such as inherent impact on employees and union support; nature, frequency, severity, and dissemination; hierarchal rank of the actor(s); local labor market; and recidivism.

Takeaways

Threatening and coercing employees for engaging in organizing activity is unlawful. Doing so can enmesh employers in lengthy and expensive unfair labor practice proceedings. Now, under the General Counsel Abruzzo's new initiative, the Agency may haul offending employers into court.

There is much that employers may do to respond to an organizing campaign. That includes, explaining to workers the disadvantages of unionization, correcting factual inaccuracies promulgated during the campaign, and discussing the employer's experiences with unions. Employers, however, should avoid even the appearance of engaging in threatening or coercive conduct.

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