Willms

Willms v. Guard Publishing Co.

Good Law
25 F. App'x 620
United States Court of Appeals for the Ninth CircuitJanuary 10, 2002No. 01-35481. D.C. No. CV-01-06079-TMCCalifornia700 words

Opinion

Lead Opinion

MEMORANDUM *

Guard Publishing Company, publisher of the Register-Guard newspaper in Eugene, Oregon, appeals the district court’s order granting the Regional Director of the NLRB a temporary injunction and interim bargaining order under § 10(j) of the National Labor Relations Act. 29 U.S.C. § 160 (j). We affirm the district court’s decision. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

A district court’s decision to grant or deny a 10(j) injunction will be reversed if the district court “abused its discretion or based its decision on an erroneous legal standard or on clearly erroneous findings of fact.” Scott v. Stephen Dunn & Assocs., 241 F.3d 652 , 659 (9th Cir.2001) (citation and internal quotation marks omitted).

*622 To secure relief under § 10(j), the Regional Director must show “either (1) a combination of probable success on the merits and the possibility of irreparable harm, or (2) the existence of serious questions going to the merits, the balance of hardships tipping sharply in its favor, and at least a fair chance of success on the merits.” Miller v. Cal. Pacific Med. Ctr., 19 F.3d 449 , 456 (9th…

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