Hr. Northrup et Hl. Dennard, THE RETURN OF GOVERNMENT BY INJUNCTION - PUBLIC-POLICY AND THE EXPANSIVE USE OF SECTION 10(J) OF THE NLRA, Employee relations law journal, 22(1), 1996, pp. 101-131
The current National Labor Relations Board has increased the use of Se
ction 10(j) injunctions beyond all prior rates of utilization. This ex
panded use raises the question of whether Section 10(j) should be used
sparingly in limited situations, or as a general enforcement tool sub
stantially replacing the administrative process established by Congres
s. In the process of considering this question, this article presents
data on NLRB injunction requests and examines congressional intent, th
e views of former NLRB officials, and judicial interpretation of Secti
on 10(j). Finally, this expanded use of Section 10(j) is questioned as
unsound public policy.