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PASCARELL v. VIBRA SCREW INC.

No. 89-5973.

904 F.2d 874 (1990)

William A. PASCARELL, Regional Director of the Twenty-Second Region of the National Labor Relations Board, for and on Behalf of the NATIONAL LABOR RELATIONS BOARD, Appellant, and International Ladies Garment Workers Union, AFL-CIO, Plaintiff/Intervenor, v. VIBRA SCREW INC.

United States Court of Appeals, Third Circuit.

Decided June 7, 1990.

Attorney(s) appearing for the Case

William G. Mascioli, (argued), Richard A. Siegel, Ellen A. Farrell, N.L.R.B., Washington, D.C., for appellant William A. Pascarell.

Joseph S. Fine, (argued), Reitman, Parsonnet & Duggan, Newark, N.J., for plaintiff/intervenor Intern. Ladies Garment Workers Union, AFL-CIO.

William A. Teltser, (argued), Harold Friedman, Greenberg, Margolis, Ziegler, Schwartz, Dratch, Fishman, Franzblau & Falkin, Roseland, N.J., for appellee Vibra Screw, Inc.

Before BECKER and GREENBERG, Circuit Judges and DUMBAULD, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

Under § 10(j) of the National Labor Relations Act ("NLRA"), 29 U.S.C. § 160(j), the National Labor Relations Board may request interim injunctive relief in federal district court against unfair labor practices pending the Board's own administrative determination as to whether those practices have in fact been committed.1 In making this request, the Board is not acting in the...

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