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Defeat To The National Labor Relations Board

MIAMI (April 18, 2013) – Allen Norton & Blue secured a victory for its client, Mardi Gras Casino, earlier this week when the 11thU.S. Circuit Court of Appeals affirmed the U.S. District Court’s denial of the National Labor Relations Board’s (NLRB) request for injunctive relief against the Casino.

Historically, the NLRB has succeeded in the overwhelming majority of cases in which it has sought an injunction in federal court under section 10(j) of the National Labor Relations Act. Since 2007, court records show that the NLRB’s success rate was 90 percent, on average. That figure jumped as high as 94 percent in 2011 and to 100 percent last year, making this an extraordinary victory. 

Six unionized employees filed charges with the NLRB against the Mardi Gras Casino, located inHallandaleBeach, for unfair labor practices. TheUnioncharged, and the NLRB agreed, that the employees were fired unlawfully because of union activity.  The NLRB petitioned the U.S. District Court for the Southern District of Florida for a 10(j) injunction in May 2012, requesting the Court to order the Casino reinstate its six former employees, while the underlying charges were pending pursuant to standard NLRB procedures before an Administrative Law Judge.

The District Court denied the NLRB’s petition for injunction, and the NLRB appealed. On April 16, the 11th U.S. Circuit Court of Appeals affirmed that the NLRB’s petition did not meet the criteria established in Section 10(j) of the National Labor Relations Act of 1935, from which the petition derives its name.

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