29 C.F.R. § 101.37

Application for temporary relief or restraining orders

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Whenever it is deemed advisable to seek temporary injunctive relief under section 10(j) or whenever it is determined that a complaint should issue alleging violation of section 8(b)(4) (A), (B), or (C), or section 8(e), or section 8(b)(7), or whenever it is appropriate to seek temporary injunctive relief for a violation of section 8(b)(4)(D), the officer or regional attorney to whom the matter has been referred will make application for appropriate temporary relief or restraining order in the district court of the United States within which the unfair labor practice is alleged to have occurred or within which the party sought to be enjoined resides or transacts business, except that such officer or regional attorney will not apply for injunctive relief under section 10(l) with respect to an alleged violation of section 8(b)(7) if a charge under section 8(a)(2) has been filed and, after preliminary investigation, there is reasonable cause to believe that such charge is true and a complaint should issue.

Notes of Decisions
Cited in 4 cases, 1985–2011 · leading case: Frankl v. HTH Corp., 650 F.3d 1334 (9th Cir. 2011).
Frankl v. HTH Corp., 650 F.3d 1334 (9th Cir. 2011). “8 See 29 C.F.R. § 101.37 (“Whenever it is deemed advisable to seek temporary injunctive relief under section 10© .”
Gottfried v. Frankel, 818 F.2d 485 (6th Cir. 1987). “See 29 C.F.R. § 101.37 . 2 It has often been mentioned that sections 10(j) and 10(l) are companion statutes.”
Frankl v. HTH CORP., 650 F.3d 1335 (9th Cir. 2011). “[8] See 29 C.F.R. § 101.37 ("Whenever it is deemed advisable to seek temporary injunctive relief under section 10(j) .”
Miller v. Hotel & Restaurant Employees & Bartenders Union, Local 2, 107 F.R.D. 231 (N.D. Cal. 1985). “See also, 29 C.F.R. § 101.37 (1984). However, the Board is not under a similar mandatory duty to maintain a complaint once issued.”
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