holding that the district court did not abuse its discretion when it granted a motion for Section 10(j) injunctive relief, and noting that “in evaluating the likelihood of success, it is not the district court’s responsibility, nor is it [the court of appeals’ responsibility], to rule on the merits of the [d]irector’s complaint” and that “deciding the merits of the case is the sole province of the [NLRB]”
How later courts described this case
- holding that the district court did not abuse its discretion when it granted a motion for Section 10(j) injunctive relief, and noting that “in evaluating the likelihood of success, it is not the district court’s responsibility, nor is it [the court of appeals’ responsibility], to rule on the merits of the [d]irector’s complaint” and that “deciding the merits of the case is the sole province of the [NLRB]”
- holding that the district court did not abuse its discretion when it granted a motion for Section 10(j
- finding that injunctive relief was in the public interest where the Director met his burden of showing irreparable harm and a likelihood of success on the merits with regard to a charge of unfair labor practices under § 8(a)(5)
- explaining that injunctions that “merely instruct the enjoined party not to violate a statute … increase[e] the likelihood of unwarranted contempt proceedings for acts unlike or unrelated to those originally judged unlawful”
Written by the judges who cited it.
The opinion
MANION, Circuit Judge,
concurring.
I write separately simply to reiterate that the third paragraph of the injunction does not enjoin any refusals to bargain, but, as the court holds, supra at 505, only those refusals to bargain that are similar to those alleged by the Director and found *507 by the district court. The Director alleged in its petition that Spurlino created the positions of portable batch plant driver and back-up portable batch plant driver without giving prior notice to the Union and without affording the Union an opportunity to bargain with Spurlino over those positions. Pet. for Inj. 5-6. Notably, the Director did not allege that Spurlino was engaging in overall bad-faith bargaining. With that in mind, I join the court’s opinion in full.