Section 10(j) of the National Labor Relations Act authorizes the National Labor Relations Board in certain unfair labor practice cases to seek in a federal district court "appropriate temporary relief or restraining order," and empowers the court "to grant to the Board such temporary relief or restraining order as it deems just and proper."' Although this section has been the law since 1947, only recently has it been used enough to merit serious consideration in most unfair labor practice litigation. The standards which guide issuance of injunctions under section 10(j) have never been clear, and the Board's policy of increased use of that section since 19612 has highlighted difficulties in its administration. McLeod v. General Electric Co., 257 F. Supp. 690 (S.D.N.Y.), rev'd, 366 F.2d 847 (2d Cir.), temp. stay pend. cert., 87 Sup. Ct. 5 (Harlan, Circuit Justice, 1966), cert. granted on principal issue but remanded on other grounds, 385 U.S. 533 (1967), articulated a principle implicit in most of the cases construing this section. Because this principle may be authoritatively sanctioned by the Supreme Court in the near future, it is worthwhile to examine its validity.
The 10(j) Labor Injunction: An Exercise in Statutory Construction,
Wash. L. & Rev.
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