Blitzing Brady: Should Section 4(A) Of The Norris-LaGuardia Act Shield Management From Injunctions in Labor Disputes?

By: Daniel Belke

With its decision in Brady v. NFL, the Eighth Circuit interpreted section 4(a) of the Norris-LaGuardia Act to broadly shield management from injunctions in labor disputes. This decision adopted a position briefly supported by the Second and Sixth Circuits, but thoroughly criticized by the First, Seventh, and Ninth Circuits. This Note argues that the Eighth Circuit’s decision potentially protects management to the detriment of workers in labor disputes, contrary to the text and stated purpose of the Norris-LaGuardia Act: Courts should instead interpret section 4(a)’s injunction prohibition in labor disputes to allow workers to enjoin management to halt adverse employment actions, such as employee lockouts, in appropriate situations.


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