Scott

Opinion by Judge PAEZ; Dissent by Judge SNEED

The Regional Director of the National Labor Relations Board appeals the district court’s refusal to enter an interim bargaining order pursuant to section 10(j) of the National Labor Relations Act, 29 U.S.C. § 160© (“NLRA”). The Regional Director contends that the district court abused its discretion in finding that (1) the Union did not have the support of a majority of the employees of Stephen Dunn & Associates (“SD & A”) prior to the employer’s commission of numerous unfair labor practices; (2) the full Board is not likely to issue a bargaining order upon conclusion of the underlying administrative proceeding; and (3) the balance of hardships does not favor issuing the requested equitable relief.

In considering this appeal, we are mindful that the purpose of a section 10© injunction is to preserve the authority of the National Labor Relations Board (“Board”) pending final administrative adjudication.

Seder v. Trading Port, Inc., 517 F.2d 33, 37-38 (2d Cir.1975). Additionally, we have explained that “the public interest is an important factor in the exercise of equitable discretion.... In § 10© cases, the public interest is to…

dissenting:

The principles of labor law that guide the disposition of this case are clear and, for the most part, accurately stated by the majority. When faced with an effort by employees to unionize, the employer must abide by certain principles of neutrality. It may not “interfere with, restrain, or coerce employees in the exercise of’ their rights “to form, join or assist labor organizations.” 29 U.S.C. §§ 157 , 158(a). Granting benefits to employees, threatening the termination of current benefits, and treating union supporters differently than other employees all contravene this fundamental principle. See NLRB v. Exchange Parts Co., 375 U.S. 405 , 84 S.Ct. 457 , 11 L.Ed.2d 435 (1964); P.R. Mallory & Co. v. NLRB, 389 F.2d 704 (7th Cir.1967).

Furthermore, under Miller v. Cal. Pac. Med. Ctr., 19 F.3d 449 (9th Cir.1994) (en banc), the Regional Director need satisfy only a minimal burden to justify the grant of interim relief pending final adjudication of alleged unfair labor practices. The issue this case presents is whether the illegal actions of the employer justify the extreme remedy of a bargaining order.

This case involves a relatively small employer whose violations of…