CDW Files Amicus Brief Urging Supreme Court to Set Standards for Labor Board Injunctions

Washington, DC – On November 7, 2023, the Coalition for a Democratic Workplace filed an amicus brief urging the U.S. Supreme Court to review an appellate court decision in Starbucks Corporation v. NLRB. Courts normally require parties seeking preliminary injunctive relief to demonstrate they are likely to succeed on the merits in the case. In the Starbucks decision, however, U.S. Court of Appeals for the Sixth Circuit ruled that National Labor Relations Board (NLRB) did not need to do so when it sought initial injunctive relief under Section 10(j) of the National Labor Relations Act. The Sixth Circuit’s decision aligns with that of the Second, Third, Fifth,, Tenth, and Eleventh Circuits but conflicts with the Fourth, Seventh, Eighth, and Ninth Circuits. CDW’s brief urges the Court to accept certiorari and reverse the Sixth Circuit ruling. 

The following statement can be attributed to CDW Chair Kristen Swearingen:

“The National Labor Relations Board should be held to the same standards as other litigants seeking injunctions–particularly given the current Board’s disregard for precedent. Allowing the Board and its general counsel to push through injunctions with little judicial oversight will have substantial consequences as businesses are forced abide by temporary orders based on flawed legal theories or unsubstantiated allegations. As our brief outlines, NLRB injunctions have required businesses to hold financially draining assets, remain in outdated or unprofitable facilities or reinstate employees that may have harassed coworkers.”