The Supreme Court’s ruling in Starbucks Corp. v. McKinney has significantly impacted how courts evaluate National Labor Relations Board (NLRB) injunctions under Section 10(j) of the National Labor Relations Act (NLRA). Previously, courts applied different standards, with some deferring to the NLRB’s preliminary findings. Now, all courts must use the stricter four-part Winter test, requiring the NLRB to prove a higher likelihood of success on the merits. This decision affects labor law enforcement by making it harder for the NLRB to secure injunctions against employers accused of unfair labor practices.

Continue Reading