Judge Joseph Bianco
An action against Remington Lodging & Hospitality under 10(j) of the National Labor Relations Act alleged Remington engaged in unfair labor practices when it terminated its housekeeping department after employees began organizing on behalf of a union. Petitioner sought a temporary injunction to, in part, reinstate all terminated employees pending final disposition. The court noted petitioner's six-month delay in seeking injunctive relief; Remington had already agreed to reinstate all terminated employees and had been rapidly re-hiring all employees interested in reinstatement; and if the court were to order immediate reinstatement, the current workers would be displaced. Thus the court, in its discretion, concluded that given the delay and the rapid reinstatement by Remington during that delay, the reinstatement injunction was unnecessary to prevent irreparable harm or to preserve the status quo that existed before the onset of the alleged unfair labor practices. The court stated that although petitioner would like the court to robotically issue the injunction with a blind indifference to the facts as they exist now, that was not the legal standard. The court stated that the status quo would be fully restored over the next two months.
