Kinard v. Dish Network Corp.
Opinion Date: May 18, 2018
Judge: Leslie Southwick
Areas of Law: Labor & Employment Law
Plaintiff, the Regional Director of the National Labor Relations Board, filed suit against DISH, seeking an injunction against unilateral changes to employee wages during collective bargaining. The Fifth Circuit affirmed the district court's grant of an injunction in part, holding that the district court did not err in recognizing the nearly 25 percent disparity between union wages and non-union wages; such a basis provided sufficient factual support to survive an abuse of discretion standard of review; and the district court did not abuse its discretion by granting relief under Section 10(j) of the National Labor Relations Act where exceptional circumstances were present. Finally, the court did not evaluate the district court's failure to issue a cease and desist order against other future unilateral changes by DISH.
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