In a ruling requiring Starbucks to rehire fired union supporters, U.S. Court of Appeals for the Sixth Circuit Judge Chad Readler criticized the court’s test for when to uphold or reject increasingly common National Labor Relations Act injunctions.

Under §10(j) of the statute, the National Labor Relations Board can ask a federal court for a temporary injunction against employers or unions to halt allegedly unfair labor practices while complaints over those practices are being litigated before administrative law judges.

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