Uncensored NLRB 10(j) Manual

>>> Under the National Labor Relations Act, section 10(j) is very important. The AFL-CIO explains:

10(j): The Section of the NLRA which empowers the NLRB to petition a federal district court for an injunction to temporarily prevent unfair labor practices by employers or unions and to restore the status quo, pending the full review of the case by the Board. In enacting this provision, Congress was concerned that delays inherent in the administrative processing of unfair labor practice charges, in certain instances, would frustrate the Act's remedial objectives.

The National Labor Relations Board (an agency of the federal government) has created a manual concerning 10(j) for its attorneys. The September 2002 edition was recently released in redacted form. (It's posted on the NLRB site here.)

Uncensored, bootleg versions of the manual are in circulation among lawyers, unions, and corporations, and I have been sent a copy. At the link above, you will find the main body of the manual with all text in tact. The text that is officially censored has been highlighted in red.

At first, when the manual was requested under the Freedom of Information Act, the NLRB blacked out even more text. However, upon appeal, it allowed the release of some of that material. These restored portions of text are now highlighted in green.

The 10(j) manual also contains 15 appendixes. The copy I was given contains just one: Appendix L, which is redacted in its entirety in the officially-released version.

-The Memory Hole
thememoryhole.org

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From the NLRB website:

Section 10(j) of the National Labor Relations Act empowers the NLRB to petition a federal district court for an injunction to temporarily prevent unfair labor practices by employers or unions and to restore the status quo, pending the full review of the case by the Board. In enacting this provision, Congress was concerned that delays inherent in the administrative processing of unfair labor practice charges, in certain instances, would frustrate the Act's remedial objectives. In determining whether the use of Section 10(j) is appropriate in a particular case, the principal question is whether injunctive relief is necessary to preserve the Board's ability to effectively remedy the unfair labor practice alleged, and whether the alleged violator would otherwise reap the benefits of its violation.

Under NLRB procedures, after deciding to issue an unfair labor practice complaint, the General Counsel may request authorization from the Board to seek injunctive relief. The Board votes on the General Counsel's request and, if a majority votes to authorize injunctive proceedings, the General Counsel, through his Regional staff, files the case with an appropriate Federal district court.

In addition, Section 10(l) of the Act requires the Board to seek a temporary federal court injunction against certain forms of union misconduct, principally involving "secondary boycotts" and "recognitional picketing." Finally, under Section 10(e), the Board may ask a federal court of appeals to enjoin conduct that the Board has found to be unlawful.

http://www.nlrb.gov/nlrb/press/facts.asp