granting § 10(e) relief when the “uncontroverted evidence establishes reasonable cause to believe the act has been violated and that the remedial purposes of the act will be frustrated unless relief pendente lite is granted”
How later courts described this case
- granting § 10(e) relief when the “uncontroverted evidence establishes reasonable cause to believe the act has been violated and that the remedial purposes of the act will be frustrated unless relief pendente lite is granted”
- § 10(e) injunction against enforcement by employer of no-solicitation rule granted
Written by the judges who cited it.
The opinion
PER CURIAM:
The National Labor Relations Board, pursuant to Section 10(e) of the Labor Act [ 29 U.S.C. § 160 (e)], moved for enforcement of its order
pendente lite
requiring Beverage-Air Company to cease and desist from continuing to restrain and coerce its employees in the exercise of their rights guaranteed by § 7 of the act [ 29 U.S.C. § 157 ]. The uncontroverted evidence establishes reasonable cause to believe the act has been violated and that the remedial purposes of the act will be frustrated unless relief
pendente lite
is granted. NLRB v. Aerovox Corp., of Myrtle Beach, 389 F.2d 475 , 67 L.R.R.M. 2158 (4th Cir. 1967).
The Board’s motion will be granted to this extent: the respondent must cease and desist from enforcing a no solicitation rule in nonworking areas of the plant during nonworking time, and from continuing to discriminate against employees who are union supporters with respect to the terms and conditions of employment. The Board’s motion to require reinstatement of discharged employees
pendente lite
is denied. Counsel for the Board is directed to submit to the court a proposed order after furnishing a copy to counsel for the respondent.