I

104TH CONGRESS

2D SESSION H. R. 3091

To amend the National Labor Relations Act to allow individuals against

whom injunctive relief is sought an opportunity to be heard.

IN THE HOUSE OF REPRESENTATIVES

MARCH 14, 1996

Mr. FAWELL introduced the following bill; which was referred to the

Committee on Economic and Educational Opportunities

A BILL

To amend the National Labor Relations Act to allow individuals against whom injunctive relief is sought an opportunity to be heard.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Injunctive Relief

5 Amendments Act of 1996’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—

8 (1) the pursuit of preliminary injunctive relief

9 under section 10(j) of the National Labor Relations

10 Act can be an effective and necessary tool in ensur-
2

•HR 3091 IH

1 ing the efficiency of the process and remedies estab2 lished in the Act for the resolution of labor disputes;

3 (2) preliminary injunctive relief is any extraor4 dinary remedy in the United States system of civil

5 law and courts have typically been guided by tradi6 tional principles of equity in awarding such relief;

7 (3) the standards currently used by courts in

8 awarding preliminary injunctive relief under section

9 10(j) of the National Labor Relations Act are not

10 uniform and are often not consistent with traditional

11 principles of equity;

12 (4) the awarding of preliminary injunctive relief

13 under section 10(j) of the National Labor Relations

14 Act is often a determinative factor in the resolution

15 of a labor dispute even though the merits of an un16 fair labor practice complaint underlying the dispute

17 have not been thoroughly considered; and

18 (5) because of the impact that the award of

19 preliminary injunctive relief under section 10(j) of

20 the National Labor Relations Act can have on the

21 resolution of a labor dispute, individuals against

22 whom such relief is sought should have an oppor23 tunity to review and respond to any legal memo24 randa or other documents presented to the National

25 Labor Relations Board supporting the pursuit of
3

•HR 3091 IH

1 such relief and courts awarding such relief should be

2 guided by traditional principles of equity.

3 (b) PURPOSES.—The purposes of this Act are—

4 (1) to preserve the ability of the National Labor

5 Relations Board to seek preliminary injunctive relief

6 under section 10(j) of the National Labor Relations

7 Act in those instances where such relief is necessary

8 to preserve the effectiveness of the remedial pur9 poses of the Act;

10 (2) to allow individuals against whom prelimi11 nary injunctive relief is being pursued an oppor12 tunity to review and respond to any legal memo13 randa or other documents presented to the National

14 Labor Relations Board in support of such relief; and

15 (3) to require courts awarding preliminary in16 junctive relief under section 10(j) of the National

17 Labor Relations Act to be guided by a uniform

18 standard incorporating traditional principles of eq19 uity.

20 SEC. 3. INJUNCTIVE RELIEF.

21 Section 10(j) of the National Labor Relations Act is

22 amended by—

23 (1) inserting after ‘‘unfair labor practice’’ the

24 first time it appears ‘‘and after allowing individuals

25 against whom preliminary relief is being sought an
4

•HR 3091 IH

1 opportunity to review and respond to any legal

2 memoranda or other documents supporting such re3 lief’’; and

4 (2) adding at the end the following sentence:

5 ‘‘Such relief shall not be granted unless there is a

6 reasonable likelihood of success on the merits of the

7 complaint that an unfair labor practice has occurred,

8 there is a possibility of irreparable harm if such re9 lief is not granted, a balancing of hardships favors

10 injunctive relief, and harm to the public interest

11 stemming from injunctive relief is tolerable in light

12 of the benefits achieved by such relief.’’.

Æ