The Sixth Circuit's recent decision to scrutinize the National Labor Relations Board's evidence of harm when it seeks emergency injunctions signals that courts may give the board a tougher time as they grapple with U.S. Supreme Court precedent eroding the courts' deference to the agency.
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The court's published opinion in Kerwin v. Trinity Health Grand Haven Hospital is the circuit's first pass on a petition for an injunction under National Labor Relations Act Section 10(j) after the Supreme Court standardized the courts' test for granting those injunctions in 2024's Starbucks Corp. v. McKinney. The Sixth Circuit's decision "lays out the NLRB's worst fears" of the Starbucks ruling's fallout, said management lawyer and former NLRB attorney David Rodriguez.
"I don't know that every circuit is going to go the way of the Sixth Circuit," said Rodriguez, who is of counsel at Blank Rome LLP. "Others certainly will."
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"6th Circ. Injunction Flip Signals Tougher Climb For NLRB," by Braden Campbell was published in Law360 Employment Authority on May 6, 2026.