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NLRB INJUNCTION ACTIVITY HEATS UP UNDER GENERAL COUNSEL FEINSTEIN

 WASHINGTON, June 27 /PRNewswire/ -- As a result of heightened emphasis on identifying cases appropriate for injunctive relief under Section 10(j) of the National Labor Relations Act, National Labor Relations Board General Counsel Fred Feinstein expects significant growth in the number of such cases by the close of FY 1994.
 Section 10(j) of the National Labor Relations Act empowers the Labor Board to petition a federal district court for an injunction to temporarily prevent unfair labor practices and to restore the status quo, pending the full review of the case by the board. Under NLRB procedures, after issuing an unfair labor practice complaint, the general counsel may request authorization from the five-member board to seek injunctive relief. If the request is granted, the general counsel, through his regional staff, files the case with an appropriate federal district court. The court may grant such temporary relief as it deems "just and proper"; the order remains in effect while the board fully adjudicates the merits of the unfair labor practice complaint or until the case is settled.
 Since becoming general counsel on March 3, 1994, Feinstein has sought authorization to institute such proceedings in 34 cases. The board has approved 29 requests and five are pending. In May alone, the total number of requests was 14 -- an all-time record monthly total since Section 10(j) was added to the National Labor Relations Act in 1947. Thus far in fiscal 1994, which runs from Oct. 1, 1993, to Sept. 30, 1994, the board has authorized the general counsel to proceed in 47 cases -- more cases than were authorized in the entire previous fiscal year (42).
 Explaining the rise in injunction activity, Feinstein said, "Congress enacted Section 10(j) to provide a means to prevent an employer or union from reaping the benefit of its unlawful conduct during the time necessary for the board to decide the case. This remedy has not been used to its full potential. During my tenure as general counsel, I intend to enforce the law to the fullest and to seek from the courts the kinds of protection that Congress envisioned when it enacted Section 10(j). I also intend to continue to make appropriate use of Section 10(l)." Section 10(l), a companion to section 10(j), requires the board to seek injunctions in federal court against certain forms of unlawful union activity.
 Feinstein also said, "I want to commend the regional offices for the outstanding job they have done in responding to the priority I have given injunction cases. They have begun to ensure that all appropriate 10(j) cases are identified and to work toward moving these cases into the courts quickly and efficiently. I applaud and thank all the regional staffs and the injunction litigation attorneys in headquarters, especially Assistant General Counsel Ellen A. Farrell and Deputy Assistant General Counsel Peter B. Mirsky, for their superb efforts."
 -0- 6/27/94
 /CONTACT: National Labor Relations Board, 202-273-1991/


CO: National Labor Relations Board ST: District of Columbia IN: SU:

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Date:Jun 27, 1994
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