complaint upon which 10(j) relief may be sought.
This court has considered the Nursing Home's related argument that no 10(j) relief should issue because the future course of action is within the Board's control. The Nursing Home notes that briefing before the Board was concluded last month, and that the Board could act quickly upon the matter, if it chose to do so, without necessity of resorting to 10(j) relief in this interim period. The short answer to this argument is that this is not the Board's only case, and its docket has many matters requiring attention. When Congress passed section 10(j), it was well aware that it was investing jurisdiction upon the federal district courts to entertain interim injunctive relief in precisely this sort of situation, where final action by the Board is awaited. In any event, in the Third Circuit, this section 10(j) injunction has a duration of not more than six months under the supervisory rule of Eisenberg v. Hartz, 519 F.2d 138, 144 (3d Cir. 1975), with one thirty-day extension permitted. This supervisory rule thus induces relatively prompt final action by the Board when a section 10(j) injunction is granted.
Because of the adverse effects that denying relief will have on the public interest, and the potential loss of benefits and faith in the bargaining process the Nursing Home's employees will encounter, we find that the requested section 10(j) relief is just and proper.
Therefore, the Board's petition for injunctive relief will be granted.
The accompanying order will be entered.
JEROME B. SIMANDLE
July 18, 1995
ORDER FOR INJUNCTION
This matter having come before the Court upon verified petition of Peter W. Hirsch, Regional Director of the Fourth Region of the National Labor Relations Board, for and on behalf of the National Labor Relations Board (hereinafter the Board), for a temporary injunction pursuant to section 10(j) of the National Labor Relations Act, as amended, pending the final disposition of the matters involved before the Board, and upon the issuance of an order to show cause why injunctive relief should not be granted; and the Respondent, Michael Konig t/a Nursing Center at Vineland having answered the petition; and all parties, through their respective counsel, having appeared at the hearing before the undersigned on June 22, 1995; and
The Court having considered all submissions and arguments of counsel, including the entire record developed in NLRB case 4-CA-22993; and
The Court finding, for reasons set forth in the Opinion of today's date:
(1) That there is reasonable cause to believe that Respondent has committed, and continues to commit, an unfair labor practice in violation of sections 8(a)(1) & (5) of the Act by failing and refusing to meet and bargain with Communication Workers of America, Local 1040, AFL-CIO, which was certified as the exclusive bargaining representative of the Unit1a on October 27, 1992; and
(2) That no "extraordinary circumstances" warrant Respondent's refusal to meet and bargain; and
(3) That the Board has shown that a temporary injunction compelling Respondent to recognize and bargain with the Local as the exclusive bargaining representative of the Unit is just and proper under section 10(j) of the Act, 29 U.S.C. § 160(j);
WHEREFORE, IT IS this 18th day of July, 1995 hereby
ORDERED and DECREED that, pending the final disposition of the matters herein involved before the Board, the Respondent, its officers, representatives, agents, servants, employees, attorneys, and all members and persons acting in concert or participation with them, be enjoined and restrained from the commission, continuation, or repetition, of the acts and conduct set forth in subparagraph (1) above, acts or conduct in furtherance or support thereof, or like or related acts or conduct, the commission of which in the future is likely or may fairly be anticipated from Respondent's acts and conduct in the past and that, pending the final disposition of the matters herein involved before the Board, the Respondent, its officers, representatives, agents, servants, employees, attorneys, and all members and persons acting in concert or participation with them, recognize and bargain with the Local as the exclusive representative of the Unit described in note (1) above, and, upon request, forthwith meet and bargain in good faith with the Local over the wages, hours, and other terms and conditions of employment of the Unit.
JEROME B. SIMANDLE