The U.S. Supreme Court appeared to side with Starbucks Tuesday in a case that could make it harder for the federal government to seek injunctions when it suspects a company of interfering in unionization campaigns.
But the NLRB says that since 1947, the National Labor Relations Act — the law that governs the agency — has allowed courts to grant temporary injunctions if it finds a request “just and proper.” The agency says the law doesn't require it to prove other factors and was intended to limit the role of the courts.
Five of the seven workers are still employed at the Memphis store, while the other two remain involved with the organizing effort, according to Workers United, the union organizing Starbucks workers. The Memphis store voted to unionize in June 2022. But other federal appeals courts have required the NLRB to meet a tougher, four-factor test used when other federal agencies seek restraining orders, including showing it was likely to prevail in the administrative case and that employees would suffer irreparable harm without an injunction.
“I appreciate that maybe the standards we need to look at, and I understand four factors versus two factors, but this is not sounding like a huge problem," Jackson said.
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