Lightner v. 1621 Route 22 West Operating Co., LLC, No. 12-2122 (3d Cir. 2013)
Annotate this CaseThe NLRB Regional Director brought charges of unfair labor practices against Somerset Valley. While administrative proceedings were pending, the NLRB brought a petition under the National Labor Relations Act, 29 U.S.C. 160(j), seeking to prevent Somerset Valley from engaging in behavior that violates the Act and to reinstate certain employees. The district court enjoined Somerset Valley from interfering with its employees associating with the labor union and required reinstatement of two discharged employees. The court refused to order Somerset Valley to reinstate two other employees or to order rescission of notices of discipline filed against certain employees. Before the merits of the parties’ cross-appeals were briefed, the NLRB issued a decision that rendered the temporary injunctive relief moot. The Third Circuit dismissed an appeal and remanded with instructions to vacate the prior order. Neither party has relinquished its challenge to that order; vacating the order protects the parties from any adverse legal consequences of that unreviewed opinion.
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