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Supreme Court Forces NLRB to Abide by the Law

On June 13, the Supreme Court issued a unanimous decision reining in the National Labor Relations Board in its use of 10(j) injunctions against employers. The Court ruled that the Board must prove it will likely succeed on the merits of a case before obtaining a 10(j) injunction, forcing the agency to meet the same standard required in all other legal proceedings.

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

“The NLRB has been pursuing injunctive relief against employers based on flawed legal theories and unsubstantiated claims, and they’ve been operating unchecked for far too long. Fortunately, the Supreme Court recognized that the Board under Chair McFerran and General Counsel Abruzzo is out of line, and they’ve moved to rein in the agency, forcing them to abide by the same rules that all other entities must play by. CDW applauds the Supreme Court’s decision and encourages the courts to further rein in the Board’s radical anti-business and anti-employer agenda. Congress also needs to step in and provide checks and balances on the NLRB by rejecting the President’s renomination of Chair McFerran.”

CDW filed an amicus brief in the case in February 2024.