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National Law Review
National Law Review
7/9/2026
The original headline is 10 words: "The Starbucks Effect: Sixth Circuit Vacates NLRB 10(j) Injunction"

The original headline is 10 words: "The Starbucks Effect: Sixth Circuit Vacates NLRB 10(j) Injunction"

Original: The Starbucks Effect: Sixth Circuit Vacates NLRB 10(j) Injunction

Short summary

After Starbucks, the Sixth Circuit ruled the NLRB must prove irreparable harm with concrete evidence, not inference, in Section 10(j) refusal-to-bargain cases. Without this inference, employers face fewer injunctions and less pressure to settle early with unions.

  • Sixth Circuit applies strict Starbucks standard: NLRB must prove irreparable harm with affirmative evidence
  • Rejection of inference-based harm in refusal-to-bargain cases reduces NLRB leverage
  • Circuit split persists; Supreme Court may revisit this narrower standard

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