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 individ-
uals against whom injunctive relief is sought an oppor-
tunity to be heard.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Injunctive Relief
Amendments Act of 1996’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the pursuit of preliminary injunctive relief
under section 10(j) of the National Labor Relations
Act can be an effective and necessary tool in ensur-
ing the efficiency of the process and remedies estab-
lished in the Act for the resolution of labor disputes;
(2) preliminary injunctive relief is any extraor-
dinary remedy in the United States system of civil
law and courts have typically been guided by tradi-
tional principles of equity in awarding such relief;
(3) the standards currently used by courts in
awarding preliminary injunctive relief under section
10(j) of the National Labor Relations Act are not
uniform and are often not consistent with traditional
principles of equity;
(4) the awarding of preliminary injunctive relief
under section 10(j) of the National Labor Relations
Act is often a determinative factor in the resolution
of a labor dispute even though the merits of an un-
fair labor practice complaint underlying the dispute
have not been thoroughly considered; and
(5) because of the impact that the award of
preliminary injunctive relief under section 10(j) of
the National Labor Relations Act can have on the
resolution of a labor dispute, individuals against
whom such relief is sought should have an oppor-
tunity to review and respond to any legal memo-
randa or other documents presented to the National
Labor Relations Board supporting the pursuit of
such relief and courts awarding such relief should be
guided by traditional principles of equity.
(b) PURPOSES.—The purposes of this Act are—
(1) to preserve the ability of the National Labor
Relations Board to seek preliminary injunctive relief
under section 10(j) of the National Labor Relations
Act in those instances where such relief is necessary
to preserve the effectiveness of the remedial pur-
poses of the Act;
(2) to allow individuals against whom prelimi-
nary injunctive relief is being pursued an oppor-
tunity to review and respond to any legal memo-
randa or other documents presented to the National
Labor Relations Board in support of such relief; and
(3) to require courts awarding preliminary in-
junctive relief under section 10(j) of the National
Labor Relations Act to be guided by a uniform
standard incorporating traditional principles of eq-
uity.
SEC. 3. INJUNCTIVE RELIEF.
Section 10(j) of the National Labor Relations Act is
amended by—
(1) inserting after ‘‘unfair labor practice’’ the
first time it appears ‘‘and after allowing individuals
against whom preliminary relief is being sought an
opportunity to review and respond to any legal
memoranda or other documents supporting such re-
lief’’; and
(2) adding at the end the following sentence:
‘‘Such relief shall not be granted unless there is a
reasonable likelihood of success on the merits of the
complaint that an unfair labor practice has occurred,
there is a possibility of irreparable harm if such re-
lief is not granted, a balancing of hardships favors
injunctive relief, and harm to the public interest
stemming from injunctive relief is tolerable in light
of the benefits achieved by such relief.’’.
Æ