Supreme Court Affirms that NLRB Does Not Receive Special Treatment

Date: June 13, 2024

Starbucks v. McKinney concerns the four-factor test for preliminary injunctions

WASHINGTON, D.C. (June 13, 2024) – NFIB applauds today’s ruling in Starbucks Corp. v. M. Kathleen McKinney at the U.S. Supreme Court. The Court vacated the judgment of the Sixth Circuit, which approved a watered-down injunction standard for when the National Labor Relations Board (NLRB) seeks to prevent business activity. NFIB filed an amicus brief in the case with the U.S. Chamber of Commerce and the National Association of Manufacturers.

“Preliminary injunctions are not a benign, administrative procedure. They are a considerable intrusion on a business,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “Thankfully, the Court agreed and held that the NLRB must satisfy the more demanding preliminary injunction test before inserting themselves into the livelihood of a small business owner. NFIB is pleased by today’s decision and is grateful that the NLRB will no longer hold such substantial, unchecked power to harm small businesses.”

The case concerns whether the NLRB’s requests for injunctions under the National Labor Relations Act (NLRA) are governed by the traditional four-factor test for preliminary injunctions or a more lenient standard. NFIB’s brief argued that the watered-down injunctions standard resulted in extreme deference to the NLRB, allowing the agency to engage in substantial and unchecked interference with small businesses.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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