How could the NLRB's review of Section 10(j) injunctions affect Starbucks?
Securing injunctions against Starbucks may become more difficult due to new legal standards. The Supreme Court's 2024 decision in Starbucks Corp. v. McKinney established that the National Labor Relations Board must satisfy the traditional four-factor preliminary injunction test when seeking temporary relief. This test requires demonstrating a likelihood of success on the merits, irreparable harm absent preliminary relief, a favorable balance of equities, and public interest. The Sixth Circuit, in a recent case, reinforced this by ruling that irreparable harm must be shown clearly with affirmative evidence, rejecting the idea that harm can be inferred. Because concrete evidence of a union's loss of support is rarely available in early litigation, this higher evidentiary burden makes it increasingly difficult for NLRB prosecutors to secure injunctions during refusal-to-bargain cases against Starbucks.
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How it reaches Starbucks
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The Supreme Court issued a ruling requiring Block Communications to pay approximately $5 million to former News Guild of Pittsburgh staffers, according to the attorney for the guild, Joseph Pass, following a loss at the 3rd U.S. Circuit Court of Appeals and the National Labor Relations Board. Separately, the National Labor Relations Board is reviewing Section 10(j) injunctions to set labor practice precedent. In July 2026, the Sixth Circuit vacated a Section 10(j) injunction, finding the National Labor Relations Board failed to demonstrate irreparable harm.
The full event2independent outlets -
Since concrete, affirmative evidence of a union’s loss of support is rarely available in the early stages of litigation, the higher standard makes it increasingly difficult for NLRB prosecutors to secure injunctions during refusal-to-bargain cases against Starbucks.
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American multinational coffee company
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The facts so far
As reported. Each one links to where it comes from.
- The Supreme Court rejected the lower standard in Starbucks, holding that the NLRB must satisfy the traditional four-factor preliminary injunction test.natlawreview.com
- The Sixth Circuit ruled that irreparable harm must be shown clearly with affirmative evidence, rejecting the inference of harm.natlawreview.com
- The NLRB’s evidence of decreased attendance at union meetings and generalized assertions of dwindling support proved insufficient in the Sixth Circuit case.natlawreview.com
Why it matters
The threat of injunctive relief has long been a key tool used by the NLRB to encourage early settlement in labor disputes. If these injunctions become more difficult to secure, employers like Starbucks have less incentive to reach an early settlement, potentially prolonging disputes and weakening the immediate enforcement of labor rights.
This legal shift is part of a broader trend where circuits continue to split on the issue of irreparable harm, meaning the Supreme Court may be asked to intervene again. The difficulty in securing injunctions, combined with the NLRB’s limited resources, may signal that employers will see fewer injunctions sought in unfair labor practice cases.
What we don't know yet
- Will the NLRB General Counsel articulate an agencywide policy regarding the aggressive pursuit of injunctive relief?
- Will the Supreme Court intervene again to resolve the split among federal circuits on the issue of irreparable harm?
Is this still moving?
- Reports
- 2
- Developments
- 5
- Repetition
- 0%
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About Monetary Damages
If the NLRB finds it increasingly difficult to secure preliminary injunctions, how might the legal focus shift to seeking monetary damages in these refusal-to-bargain cases?
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Reporting
- natlawreview.comJul 9
- peoplesworld.orgOct 7
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