Publish to Newswire
Add an EventFrom the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature
Uncensored NLRB 10(j) Manual
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.
>>> 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
=====================================
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
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
=====================================
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
For more information:
http://www.thememoryhole.org/nlrb/nlrb_10j...
Add Your Comments
Comments
(Hide Comments)
It would be nice to see workers organizing and using the social power they have rather than allowing union bureaucrats to keep them on their knees like dogs appealing to the consciences of their exploiters.
Check this out: Million Worker March.
Maybe grassroots organizing for this is a good first start. Workers need to be encouraged to step into the political arena fighting for their own interests and for a future for all people, not just the tiny elite served by Republicans and Democrats. I think leftists and activists for social justice should actively support this march, and show up to bring a left perspective to these workers, reaching out to them to try to build a desperately needed class-based opposition to corporate dictatorship with real social power, instead of this endless secession of impotent, dead-end, "moral witness" protest marches that accomplish nothing other than to defuse and dissipate social anger and demoralize and disillusion sincere militants.
The workers need to stand up and take the world we have built into our own hands. Anything that mobilizes workers in a political fashion against the corporate dictatorship is a step in the right direction.
Check this out: Million Worker March.
Maybe grassroots organizing for this is a good first start. Workers need to be encouraged to step into the political arena fighting for their own interests and for a future for all people, not just the tiny elite served by Republicans and Democrats. I think leftists and activists for social justice should actively support this march, and show up to bring a left perspective to these workers, reaching out to them to try to build a desperately needed class-based opposition to corporate dictatorship with real social power, instead of this endless secession of impotent, dead-end, "moral witness" protest marches that accomplish nothing other than to defuse and dissipate social anger and demoralize and disillusion sincere militants.
The workers need to stand up and take the world we have built into our own hands. Anything that mobilizes workers in a political fashion against the corporate dictatorship is a step in the right direction.
well said...
-janky
-janky
We are 100% volunteer and depend on your participation to sustain our efforts!
Donate
$160.00 donated
in the past month
Get Involved
If you'd like to help with maintaining or developing the website, contact us.
Publish
Publish your stories and upcoming events on Indybay.
Topics
More
Search Indybay's Archives
Advanced Search
►
▼
IMC Network