1 - National Labor Relations Board

IX
Injunction Litigation
Section 10(j) and (1) authorizes application to the U.S. District
Courts, by petition on behalf of the Board, for injunctive
relief pending hearing and adjudication of unfair labor practice
charges by the Board.
A. Injunctive Litigation Under Section 10 ( j )
Section 10(j) empowers the Board, in its discretion, after
issuance of an unfair labor practice complaint against an employer
or a labor organizaton, to petition a U.S. District Court
for appropriate temporary relief or restraining order in aid of the
unfair labor practice .proceeding pending before the Board. In
fiscal 1969, the Board filed 15 petitions for temporary relief
under the discretionary provisions of section 10 (j)-11 against
employers, 2 against unions, and 2 against both employer and
union. Injunctions were granted by the courts in six cases and
denied in three. Of the remaining cases, three were settled prior
to court action, four petitions were withdrawn, two were dismissed
without prejudice, and one was pending at the close
of the report period./
Injunctions were obtained against employers in three cases,
against unions in two, and in one case an injunction was entered
against both an employer and a union. The cases against the
employers variously involved alleged refusals to bargain with
the labor organizations certified by the Board as representatives
of the employers' employees, refusal to reinstate unfair labor
practice strikers, and unlawful assistance and support to a union.
The injunctions obtained against unions were based upon their
alleged refusal to bargain by conditioning submission of an
agreed contract for membership ratification upon consummation
of agreements for other units of employees. In the instance where
the injunction was obtained against both an employer and a
I See table 20 in appendix. Also four petitions filed during fiscal 1968 were pending at the
beginning of fiscal 1969.
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