June 13, 2024
Starbucks Corp. v. McKinney, No. 23-367 – Decided June 13, 2024
The Supreme Court held 8-1 today that when the National Labor Relations Board seeks a preliminary injunction in court, it must satisfy the same traditional and demanding standard as any other litigant.
“Nothing in [the Act’s] text overcomes the presumption that the four traditional criteria govern a preliminary-injunction request by the Board.”
Justice Thomas, writing for the Court
Section 10 of the National Labor Relations Act authorizes the National Labor Relations Board to bring, prosecute, and adjudicate administrative complaints against employers for “unfair labor practice[s].” 29 U.S.C. § 160(b). While such administrative proceedings are pending, the Board can petition a federal district court “for appropriate temporary relief or restraining order.” Id. § 160(j). And a district court may grant such relief “as it deems just and proper.” Id.
The courts of appeals have split over the standard district courts should use in deciding whether to grant a preliminary injunction. Some have held that the Board must satisfy the traditional four-factor test that governs preliminary injunction requests—(1) the movant is likely to succeed on the merits, (2) the movant is likely to suffer irreparable harm absent preliminary relief, (3) the balance of the equities favors preliminary relief, and (4) preliminary relief is in the public interest. But others have applied a looser standard requiring the Board to show only that its theories of fact and law are “substantial and not frivolous.”
After issuing an administrative complaint against Starbucks alleging unfair labor practices in connection with its employees’ efforts to unionize a Tennessee store, the Board petitioned a Tennessee federal district court for a preliminary injunction. Applying the looser standard, the district court granted the injunction, reasoning that the Board had offered “some evidence” and a nonfrivolous legal theory, and the Sixth Circuit affirmed.
Issue:
Whether the traditional four-factor test for a preliminary injunction articulated in Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008), governs the Board’s request for a preliminary injunction.
Court’s Holding:
Yes. The traditional four-factor test applies to requests for preliminary injunctions by the Board.
What It Means:
The Court’s opinion is available here.
Gibson Dunn’s lawyers are available to assist in addressing any questions you may have regarding developments at the U.S. Supreme Court. Please feel free to contact the following practice group leaders:
Appellate and Constitutional Law Practice
Thomas H. Dupree Jr. +1 202.955.8547 [email protected] |
Allyson N. Ho +1 214.698.3233 [email protected] |
Julian W. Poon +1 213.229.7758 [email protected] |
Lucas C. Townsend +1 202.887.3731 [email protected] |
Bradley J. Hamburger +1 213.229.7658 [email protected] |
Brad G. Hubbard +1 214.698.3326 [email protected] |
Related Practice: Labor and Employment
Jason C. Schwartz +1 202.955.8242 [email protected] |
Katherine V.A. Smith +1 213.229.7107 [email protected] |
This alert was prepared by associates Elizabeth A. Kiernan and Matt Aidan Getz.
© 2024 Gibson, Dunn & Crutcher LLP. All rights reserved. For contact and other information, please visit us at www.gibsondunn.com.
Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials. The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel. Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.