# Lineback v. Spurlino Materials, LLC

> Court of Appeals for the Seventh Circuit · October 8, 2008 · 546 F.3d 491

URL: https://www.frixlaw.com/law-library/cases/9600992

## Case

- **Full name:** Rik LINEBACK, Regional Director of the Twenty-Fifth Region of the National Labor Relations Board, for and on Behalf of the National Labor Relations Board, Petitioner-Appellee, v. SPURLINO MATERIALS, LLC, Respondent-Appellant
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** October 8, 2008
- **Citations:** 546 F.3d 491; 71 Fed. R. Serv. 3d 1304; 184 L.R.R.M. (BNA) 3345; 2008 U.S. App. LEXIS 21090; 2008 WL 4490184
- **Precedential status:** Published
- **Opinion:** Concurrence by Manion
- **Judges:** Bauer, Ripple, Manion
- **Cited by:** 48 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9600992

## How later opinions describe it (automated extraction)

- 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],…
- 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”
- noting that an 12 injunction is overbroad if it results in a "likelihood of 13 unwarranted contempt proceedings for acts unlike or unrelated to 14 those originally judged unlawful" (internal quotation marks 15 omitted)

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9600992. Public record. Not legal advice.