29 C.F.R. § 102.94

Expeditious processing of Section 10(j) cases

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(a) Whenever temporary relief or a restraining order pursuant to Section 10(j) of the Act has been procured by the Board, the complaint which has been the basis for such temporary relief or restraining order will be heard expeditiously and the case will be given priority by the Board in its successive steps following the issuance of the complaint (until ultimate enforcement or dismissal by the appropriate circuit court of appeals) over all other cases except cases of like character and cases under Section 10(l) and (m) of the Act.

(b) In the event the Administrative Law Judge hearing a complaint, concerning which the Board has procured temporary relief or a restraining order pursuant to Section 10(j), recommends a dismissal in whole or in part of such complaint, the chief law officer will promptly suggest to the district court which issued such temporary relief or restraining order the possible change in circumstances arising out of the findings and recommendations of the Administrative Law Judge.

Notes of Decisions

Cited in 3 cases, 1982–2011 · leading case: Sheeran v. Am. Com. Lines, Inc., 683 F.2d 970 (6th Cir. 1982).

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Sheeran v. Am. Com. Lines, Inc., 683 F.2d 970 (6th Cir. 1982). “In deciding this issue, the district court should take into consideration the particular circumstances of this case and especially the time required for the NLRB to resolve the underlying proceedings if the case were handled as expeditiously as possible.”

Glasser v. COMAU, INC., 767 F. Supp. 2d 778 (E.D. Mich. 2011). “See 29 C.F.R. § 102.94 . Thus any preliminary injunction entered by this Court is expected to be short-lived.”

Hirsch v. Dorsey Trailers, Inc., 147 F.3d 243 (3rd Cir. 1998). “See 29 C.F.R. § 102.94 . III. For the reasons set forth, we will remand this ease and direct the district court to order interim relief under §v 10(j).”

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