Employment and Labor Law: The Test Limiting the National Labor Relations Board’s Power to Request Injunctions Under the National Labor Relations Act

Authored by Ashley Carroll

Historically there have been two competing tests used to help courts decide whether a preliminary injunction should be granted regarding labor disputes. The “Just and Proper” standard that bends to the NLRB’s authority and the traditional four factor standard applied for general injunctions. This article discusses how the Supreme Court in Starbucks Corp. v. McKinney, resolved the circuit split on the proper test to apply when the NLRB requests a preliminary injunction. This decision provides a consistent standard for courts going forward not only for employment and labor disputes but for other disputes involving injunctive relief present in different areas of the law.