January 2011 - National Labor Relations Board

10312 APPEALS AND CONTEMPT OF 10(J) DISTRICT COURT ORDERS10310.7 Court Action; Expeditious ProcessingThe Regional Office should request from the district court expeditedconsideration of its 10(j) petition. If the district court issues an order to show causereturnable at an unduly late date and the circumstances demonstrate a need for moreimmediate relief, the Regional Office may wish to consider seeking a temporaryrestraining order. In such situations or in other circumstances indicating that the districtcourt will not expeditiously hear and decide the 10(j) petition, the Regional Office shouldfollow the procedures set out in the 10(j) Manual and consult with the InjunctionLitigation Branch.In all cases where 10(j) injunctive relief is sought or obtained, General Counselpolicy requires that the underlying unfair labor practice case be expedited. See also Sec.102.94(a), Rules and Regulations. To that end, the Regional Office should: Schedule the hearing for a date as early as possible (Sec. 10310.4)Notify the Administrative Law Judge that 10(j) relief has been sought orobtained and, on the record, request that the matter be expeditedOppose any unwarranted attempt by any party to delay the proceedingIn any brief filed with the Board, note that 10(j) relief has been sought orobtained and request that the matter be expeditedWhen the case is transferred to the Board, notify the Executive Secretaryof the status of the 10(j)10310.8 Post 10(j) Informal SettlementsWhen a 10(j) injunction has been obtained prior to the settlement of a case, thestandard provision for withdrawal of the complaint on execution of the settlement shouldbe altered through an addendum to the settlement agreement form to provide forwithdrawal of complaint upon closing of the matter in compliance. Sec. 10146.4.10312 Appeals and Contempt of 10(j) District Court OrdersThe Injunction Litigation Branch handles all appeals from district court orders in10(j) cases. Accordingly, whenever the requested relief is denied in whole or in part, theRegional Office should immediately notify the Injunction Litigation Branch. As soon aspossible, the Regional Office should forward to the Injunction Litigation Branch copiesof the court’s decision or order, the Regional Office’s petition, supporting memorandaand exhibits and the respondent’s Answer or Opposition and supporting papers, togetherwith the Regional Office’s written recommendation on whether an appeal should betaken.Revised 01/11