Employer Escapes NLRB Section 10(j) Injunction
We successfully defended an automobile dealer client against an attempt by the National Labor Relations Board to obtain a Section 10(j) injunction. The Machinists Union had been certified to represent service advisors and technicians at our client Power Ford of Torrance. The dealership and the union never agreed on terms for an initial bargaining contract, however, and an employee filed a decertification petition. The petition asserted that the majority of the employees did not want union representation. Four days later, the dealership suspended bargaining pending resolution of the decertification vote. The union filed unfair labor practice charges to block the decertification vote. The NLRB issued a consolidated complaint alleging unfair labor practices by the dealership. It then sued in federal court in California, alleging that the dealership illegally assisted employees in their decertification effort withdrawing union recognition, and refusing to bargain for a contract. The court rejected the NLRB’s request for an injunction, declining to order the dealership to continue bargaining over a labor contract while decertification proceedings were ongoing.