Preliminary injunctions take center stage in Supreme Court hearing

Andrew Strom, Labor Lawyer and contributing author to the OnLabor Blog, joined the America’s Work Force Union Podcast to discuss the recent oral arguments the U.S. Supreme Court heard in the Starbucks Corp. v. McKinney case.

Strom started his conversation by explaining what a preliminary injunction accomplishes, including how they are used in a typical NLRB case that stems from a contentious organizing campaign. When a preliminary injunction is granted, an employer must return workers to the job until the case is finished. To get a preliminary injunction, there has to be proof that the illegal action would cause irreparable harm to the employees. 

Strom explained what the high court justices were considering during the April 23 hearing. At issue was what “test” federal courts should apply when considering whether to grant preliminary injunctions included in the National Labor Relations Act. In the Starbucks case, the National Labor Relations Board requested an injunction requiring Starbucks to rehire employees it had fired until the NLRB completed its review of the employee complaint. A federal district court and an appellate court granted the NLRB’s request, but Starbucks contends the NLRB used a lower standard than what has been established in multiple other federal district courts.

Strom discussed how a typical NLRB case would proceed and when there may be a need to seek a preliminary injunction. In a few recent cases, Strom said lawyers on the employer's side have successfully used what he described as “Hail Mary” methods to claim that employers supported workers' efforts. Strom admitted he was disappointed by the decisions in these cases, but because they were effective, they are being used again by lawyers representing Starbucks in the current case. He then went into greater detail about the lawyers' arguments during the hearing and what it could mean for the workers. 

With the preliminary injunction left in place, workers can take a small victory, but overall, Strom is concerned the process will not work out in the union's favor. Until improvements can be made to the National Labor Relations Act, there’s not a lot of hope, Strom said.

For more information on the case, listen to the show above.