Marlin Osthus, et al v. Whitesell Corporation, No. 09-3209 (8th Cir. 2011)
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Defendant, Whitesell Corporation, appealed the district court's order granting an injunction when plaintiffs requested the injunction under section 10(j) of the Labor Management Relations Act of 1947, 29 U.S.C. 160(j). At issue was whether the district court had subject matter jurisdiction to grant the injunction under section 10(j). The court held that the district court did have subject matter jurisdiction but vacated the order and held that the district court failed to met minimal requirements for granting or refusing an injunction. Accordingly, on remand, the district should specially make factual findings, detailing specific actions in the bargaining process and the facts underlying each element of the four-factor injunction tests.
Court Description: Civil Case - Labor. District court's grant of injunction under Section 10(j) is reversed because the minimal requirements for an injunction were not met. Case is remanded for factual findings, detailing specific actions in the bargaining process and the facts underlying each element of the four-factor injunction test. Joining the Fifth Circuit's view, the General Counsel retained section 10(j) power, despite the loss of the Board quorum. Judge Colloton concurs. Chief Judge Riley concurs in part and dissents in part.
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