The Special Litigation Branch represents the Board and the General Counsel in all suits not statutorily based on Sections 10(e) and (f) of the Act.
These matters may include actions to restrain or compel issuance of complaint by the General Counsel, actions to restrain or compel particular Board proceedings, actions to review Board rulemaking, actions to compel disclosure under the Freedom of Information Act (FOIA) or payment of attorney fees under the Equal Access to Justice Act (EAJA), subpoena enforcement proceedings under Section 11 of the National Labor Relations Act, filing objections to subpoenas issued against Agency personnel, or proceedings to protect the Board's remedial orders in bankruptcy courts or against attachments, garnishments or liens.
In addition, based on the recommendation of the General Counsel, and upon authorization by the Board, the Branch may initiate an action or intervene in ongoing litigation in federal district court in order to protect the Board's jurisdiction and the primacy of its decisions. In conjunction with the Justice Department, the Branch also assists defending Agency employees in suits filed against them in their individual capacity for actions they have taken within the scope of their authority and employment.
Selected Special Litigation briefs are available below, listed by topic.
Rulemaking Litigation
Notice Posting Rule:
NAM et al. v. NLRB et al., No. 1:11-01629 (D.D.C.), appeal pending, No. 12-5068 (D.C. Cir.)
Memorandum in Support of Cross-Motion for Summary Judgment and Motion to Dismiss
Cross-Opposition to Plaintiffs’ Cross-Motions for Summary Judgment
Opp. to Emergency Motion for Injunction Pending Appeal and/or for Expedited Consideration (D.C. Cir.)
Principal and Response Brief of Appellees/Cross-Appellants (D.C. Cir.)
Reply Brief of Appellees/Cross-Appellants (D.C. Cir.)
Chamber of Commerce et al. v. NLRB et al., No. 2:11-cv-02516 (D.S.C.)
Memorandum in Support of Cross-Motion for Summary Judgment
Memorandum in Opposition to Cross-Motion for Summary Judgment
Representation-Case Procedure Rule:
Chamber of Commerce et al. v. NLRB, No. 1:11-cv-02262-JEB (D.D.C.)
Memorandum in Support of Motion for Summary Judgment
Opposition to Plaintiffs’ Motion for Summary Judgment
Motion to Alter or Amend Judgment
Reply Supporting Defendant’s Rule 59(e) Motion
Preemption Cases
NLRB v. State of Arizona, No. 2:11-cv-00913 (D. Az.)
Opposition to Motion to Dismiss
Motion for Summary Judgment and Memorandum of Law in Support
Opp. to Defendant and Intervenor-Defendants’ Motions for Summ. Judg.
Reply Brief in Support of Motion for Summary Judgment
Board Subpoena Matters
NLRB v. Interbake Foods, LLC, No. 09-2245 (4th Cir.)
Brief
Reply Brief
Petition for Rehearing or Rehearing En Banc
Other District Court Litigation
Little River Band of Ottawa Indians v. NLRB, No. 1:09-cv-141-JTN (W.D. Mich.)
Response to Plaintiff’s Motion for Summary Judgment
Sur-Reply
Saginaw Chippewa Indian Tribe v. NLRB et al., No. 1:11-cv-14652 (E.D. Mich.)
Brief in Support of Motion to Dismiss and Opposition to Motion for a TRO and/or Preliminary Injunction
Brief in Reply
The Chickasaw Nation v. NLRB et al., No. 5:11-cv-00506-W (W.D. Okla.)
Memo in Support of Motion to Dismiss and in Opp. to Motion for a TRO and/or Preliminary Injunction
Reply in Support of Motion to Dismiss
Amerijet Int’l v. NLRB et al., No. 1:11-cv-22919 (S.D. Fla.)
Motion to Dismiss
Reply to Plaintiff’s Brief Opposing Defendants’ Motion to Dismiss
Opposition to Motion for Summary Judgment
Other Appellate Court Litigation
DiPonio Constr. Co. v. Int’l Union of Bricklayers & Allied Craftworkers, Local 9, No. 11-1034 (6th Cir.)
Brief of Intervenor National Labor Relations Board
