Henderson v. Bluefield Hospital Co., No. 16-2331 (4th Cir. 2018)Annotate this Case
The Fourth Circuit held that the district court did not abuse its discretion in declining to grant preliminary injunctive relief under section 10(j) of the National Labor Relations Act (NLRA), 29 U.S.C. 160(j), as requested to preserve the ability of the National Labor Relations Board to award relief after the completion of the ongoing agency process adjudicating unfair labor practice charges against two hospitals because the Board failed sufficiently to demonstrate that the effectiveness of its remedial power was in jeopardy in this case.
A union filed unfair labor practice charges with the Board alleging that two hospitals had refused to bargain collectively and in good faith with the union. The Board later filed petitions in the district court against the hospitals under section 10(j) requesting preliminary injunctions - pending the final disposition of the matters pending before the Board - that would direct the hospitals to bargain with the union in good faith. The Board alleged that preliminary injunctive relief was necessary to prevent declining employee support for the union. The district court declined to grant relief. The Fourth Circuit affirmed, holding that the Board’s arguments for injunctive relief failed to demonstrate that the Board’s ability to redress the alleged unfair labor practices will be impaired or frustrated.