McKinney v. Creative Vision Resources, LLC

M. Kathleen McKinney, the National Labor Relations Board’s regional director, sought and obtained a temporary injunction requiring Creative Vision Resources, L.L.C., to negotiate and bargain in good faith with a labor union. Creative Vision appealed the district court’s grant of injunctive relief, arguing that such relief was not equitably necessary under the circumstances of this case. After review, the Fifth Circuit concluded that the district court abused its discretion because it ordered injunctive relief supported only by general findings of harm that did not evince exceptional or egregious conduct or harms in the context of the NLRA. Nor did the district court address adequately the effect of the excessive passage of time between the onset of the alleged wrongful activities and the issuance of the injunction. The district court’s order enjoined conduct in 2014 in an attempt to preserve a status quo as it existed in 2011. Accordingly, the Court vacated the district court's grant of injunctive relief, and remanded the case for further proceedings. View "McKinney v. Creative Vision Resources, LLC" on Justia Law