California Pacific Medical Center

United States Court of Appeals for the Ninth Circuit (en banc) · 1994 · Labor Law

Labor LawNLRASection 10(j) injunctionsPreliminary injunctionsMootnessNLRA§ 10(j)injunction

Facts

Children’s Hospital and Pacific Presbyterian Medical Center merged into California Pacific Medical Center, with Children’s as the surviving corporation. Before the merger, CNA represented 568 nurses at Children’s, while the 802 nurses at PPMC were unrepresented; after the merger, CPMC recognized six other unions but refused to recognize CNA because CNA did not represent a majority of nurses at the combined facility. CNA filed an unfair labor practice charge, and eight months later the Regional Director petitioned for § 10(j) relief. The district court ordered CPMC to recognize CNA at the California Campus and restore pre-merger terms and conditions of employment.

Issue

What standard should district courts apply when deciding whether to grant interim relief under NLRA § 10(j)? Specifically, must courts use a separate reasonable-cause inquiry, or should they apply traditional equitable preliminary-injunction principles in deciding whether requested relief is just and proper?

Rule

In ruling on a § 10(j) petition, a district court should not conduct a separate reasonable-cause inquiry. Instead, it must determine whether the requested temporary relief is just and proper by applying traditional equitable criteria—likelihood of success on the merits, irreparable injury, balance of hardships, and the public interest—viewed in light of § 10(j)'s purposes of protecting the integrity of the collective bargaining process and preserving the Board's remedial power while the unfair labor practice charge is pending.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Seattle, the NLRB's Regional Director files a § 10(j) petition against Harbor View Foods, alleging the company unlawfully withdrew recognition from a warehouse union during bargaining. The district judge says the Board need only show a nonfrivolous theory and that interim relief would preserve the Board's eventual remedy.

Which is the best statement of the proper standard?

Explanation. Under the majority opinion, § 10(j) contains no separate reasonable-cause inquiry. District courts must decide whether requested temporary relief is just and proper by using traditional equitable criteria: likelihood of success, irreparable injury, balance of hardships, and public interest, informed by § 10(j)'s labor-law purposes.