Donald Schroeder on NLRB Injunctions – 'Not like spotting a unicorn, but shouldn’t be everyday occurrence'

Foley & Lardner LLP partner Donald Schroeder commented on the U.S. Supreme Court’s ruling in favor of Starbucks in the company’s challenge against an injunction from a federal judge reinstating fired workers in The New York Times article, “Supreme Court Ruling in Starbucks Case Curbs Labor Regulation.”

The National Labor Relations Board (NLRB) had issued a complaint against Starbucks in response to its firing of workers, as well as asking for and receiving an injunction from a federal judge reinstating the workers. In its petition to the Supreme Court, Starbucks argued that federal courts had differing standards when deciding whether to grant injunctions to reinstate workers, and that a stricter standard should be upheld nationwide.

Schroeder, assessing the ruling, explained that the NLRB has relied on injunction too frequently over the past few years. He said that it should be granted rarely.

“It gives a lot of leverage to the NLRB if the standard is very low,” Schroeder explained. Granting an injunction is “not like spotting a unicorn,” he added. “But at the same time, it shouldn’t be an everyday occurrence.”

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