Perspective from Steve Kruzel Included in Law360 Article About Key NLRB-Related Cases in First Half of 2026
A Law360 article about five of the most significant labor law decisions involving the National Labor Relations Board (NLRB) thus far in 2026 included insight from Steve Kruzel, a Milwaukee-based partner in the Quarles & Brady Labor & Employment Practice Group.
Kruzel commented on a May ruling by the Sixth Circuit in Kerwin v. Trinity Health Grand Haven Hospital regarding the applicable standards when the NLRB is seeking injunctions in failure-to-bargain cases under Section 10(j) of the National Labor Relations Act. An excerpt:
The decision clearly will make it harder for the board to prove irreparable harm and obtain injunctions in the Sixth Circuit in failure-to-bargain cases, said Steven Kruzel, a partner at Quarles & Brady LLP who represents employers.
With the court indicating diminished attendance at union meetings and a union affidavit attesting to employees' "frustration and fear" over the employer's alleged refusal to bargain were insufficient to support an injunction, Kruzel said it is going to be a "challenge" for the board to clear the new bar.
"It's going to be more work," Kruzel said.
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Kruzel said it is possible the Supreme Court has to weigh in again on the 10(j) standard, noting the Sixth Circuit's decision conflicts with how the Second, Fourth and Ninth circuits have evaluated harm in failure-to-bargain cases.