Hooks v. Nexstar Broadcasting, Inc. ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION RONALD K. HOOKS, Regional Director of the Nineteenth Region of the National Labor Relations Board, for and on behalf of the NATIONAL LABOR RELATIONS BOARD, No. 3:21-cv-00177-MO Petitioner, OPINION AND ORDER v. NEXSTAR BROADCASTING, INC. d/b/a KOIN-TV, Respondent. MOSMAN, J., This case comes before me on Petitioner’s Petition for Preliminary Injunctive Relief [ECF 1]. Applying the Winter v. Natural Resources Defense Council, Inc. test for preliminary injunction at oral argument, I ruled for Petitioner on likelihood of success on the merits, balance of the equities, and public-interest factors. 555 U.S. 7, 20 (2008). I took under advisement the issue of irreparable harm. I was concerned about Petitioner’ s showing of irreparable harm because the evidence submitted by Petitioner shows there was majority support for the union immediately following Respondent’s withdrawal of recognition. But under Frankl v. HTH Corp., in § 8(a)(5) cases when there is a likelihood of success on the merits there is an inference of irreparable harm to union representation from the continuation of the unfair labor practice. 650 F.3d 1334, 1362-63 (2011). None of the evidence, including that in the supplemental record, 1 —- OPINION AND ORDER □ shows what support for the union is like now after more time has passed since the withdrawal of recognition. In the absence of any contrary evidence, I apply the inference stated in Frankl—an inference that grows in strength the longer the time gap between the withdrawal of reco gnition and the request for injunctive relief. Accordingly, J GRANT Petitioner’s Petition for Preliminary Injunctive Relief [ECF 1]. IT IS SO ORDERED. DATED this 2% day of March, 2021. United States\District Judge 2 — OPINION AND ORDER □