Supreme Court Reins in NLRB

The Supreme Court of the United States issued a unanimous decision requiring the National Labor Relations Board (NLRB) to prove it would likely succeed on the merits of a case before obtaining a preliminary injunction against employers. Under the Biden Administration, the Board has pursued 10(j) injunctions against employers based on flawed legal theories and often times unsubstantiated claims without the necessary showing of success. Essentially, SCOTUS ruled the NLRB must abide by the same rules that all other entities, including federal agencies and departments, must meet.