whether-courts-must-evaluate-the-nlrb's-requests-for-section-10(j)-injunctions-under-the-traditional-stringent-four-factor-test-for-preliminary-injunctions-or-under-some-other-more-lenient-standard

QUESTION PRESENTED Under the National Labor Relations Act, the National Labor Relations Board (NLRB) issues, prosecutes, and adjudicates complaints alleging that employers committed unfair labor practices. 29 U.S.C. § 160(b). Section 10(j) of the Act authorizes federal district courts, while the NLRB adjudication remains pending, to grant preliminary injunctive relief at the NLRB’s request “as [the court] deems just and proper.” Id. § 160(j). The question presented, on which the courts of appeals are openly and squarely divided, is: Whether courts must evaluate the NLRB’s requests for section 10(j) injunctions under the traditional, stringent four-factor test for preliminary injunctions or under some other more lenient standard. (1)