Starbucks v. McKinney
Case Overview
The NLRB asked a federal court to temporarily reinstate seven Starbucks employees fired after organizing a union-related media event, arguing the firings were illegal labor practices that would chill organizing while the Board's proceedings played out. The circuit courts had been split on what standard applies when the NLRB seeks such emergency injunctions. The Supreme Court ruled 8-1 in June 2024 that courts must apply the traditional four-factor preliminary injunction standard — not a more relaxed test some circuits had developed — before ordering a business to reinstate employees. The decision makes it harder for the NLRB to use emergency court orders as a lever during labor disputes.
The Conclusion
**The Supreme Court held 8-1 that courts must apply the traditional four-factor preliminary injunction standard when the NLRB seeks emergency court orders to reinstate fired workers.** This rejects a more relaxed standard some circuits had developed, making it harder for the Board to obtain emergency relief during labor disputes.
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