I am going to try to, in the 5 minutes I have, make reference to the National Labor Relations Act provisions which are involved in this particular amendment. First of all, in regard to the 10(j) injunction, I think that is oftentimes misunderstood, but basically all that this bill is doing is to, in effect, require uniform standards in regard to the issuance of a preliminary injunction. Nobody, obviously, should be against something like that. We are also setting forth that the basic equity principles that always apply in all other areas of our civil law in regard to the issuance of a preliminary injunction would apply here. Here again, when we talk about a preliminary injunction, we are talking about a very extraordinary remedy, and you must understand that where ordinarily speaking--and any of my lawyer colleagues listening in on this would agree--that you do not get a preliminary injunction just as a matter of course, which is what the NLRB has been doing for the last 2 years. You have got to show a likelihood of success, you have got to show irreparable damage that would be done if the preliminary injunction were not granted. You would have to show a balance of hardships between the complainant and the respondent, and you have to show the public interest is something that demands it.
Editor's note · Context
Discussing provisions of the National Labor Relations Act related to preliminary injunctions.
Share
More from Harris Fawell
I have also heard it said this week that union salting is protected by the United States Supreme Court in its unanimous 1995 Town and Country decision, and that title I seeks to overturn this case which held that union organizers are…
The report language is very careful to refer to those kinds of activities by the Department of Labor in regard to technical releases, prohibited transactions, exemptions, in any number of areas. I cannot say that I am such an expert on the…
Mr. Chairman, referring to the interpretive bulletin, which to my knowledge was the very first time that there was an official interpretation of the prudent man rule, they take sections 403 and 404 and they say: Here, we are going to…
I hope we can clarify what the issues are. I think I showed up in the wrong room. We are arguing about things that have nothing to do with the legislation that we have before us, and we are being accused of union bashing and all that; and…





