THE RETURN OF GOVERNMENT BY INJUNCTION - PUBLIC-POLICY AND THE EXPANSIVE USE OF SECTION 10(J) OF THE NLRA

Citation
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
Citations number
24
Categorie Soggetti
Industrial Relations & Labor",Law
ISSN journal
00988898
Volume
22
Issue
1
Year of publication
1996
Pages
101 - 131
Database
ISI
SICI code
0098-8898(1996)22:1<101:TROGBI>2.0.ZU;2-M
Abstract
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.