On Tuesday, the Supreme Court will hear a case that originated with Starbucks baristas but could have broad implications for labor organizing.
Their ruling could have far-reaching implications for labor organizing efforts across the U.S. and across industries, from auto to retail to academia and beyond.The order, called a 10 injunction, is arguably the most powerful tool the National Labor Relations Board has to enforce the law. It's also one of the few tools the agency has at its disposal.
That's critical, Block says, because it can take months or even years for the NLRB to process cases. If the allegedly illegal behavior can't be stopped while a case is under investigation, any remedy the labor board might issue as part of a final ruling could be meaningless. Starbucks points to the onerous burden that injunctions can impose on employers, including forcing them to reinstate employees they fired for violations of company policy, and argues that injunctive relief should be granted only in extraordinary cases — and that there should be consistency in how it is granted.
Moreover, he found that a majority of injunction petitions filed during that period were filed in just two federal circuits — the 2nd and the 9th — both of which already use the test Starbucks favors.
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