Region 4 of the National Labor Relations Board has determined that Leslie Smith’s labor case against the UFC has merit and will be filing a complaint against the UFC unless a settlement is brokered. The lawsuit will indeed include a request by the NLRB for an injunction.
According to Smith’s attorney, Lucas Middlebrook, the NLRB investigator determined that there was merit to her Charging Letter filed in May which questioned her work status as an independent contractor as opposed to an employee of Zuffa.
Middlebrook told MMA Fighting that he was informed by the NLRB investigator that the complaint will be filed in about a month. The court, not the administrative law judge, will determine whether an injunction will be granted.
There are three types of injunctions: a temporary injunction, a preliminary injunction and a permanent injunction. It would appear that the NLRB would seek a temporary injunction which would last until the end of the case in which point they would seek a more permanent form of relief (here, the change of status of UFC athletes from independent contractors to employers.) Permanent injunctions are just what you think of, a permanent halt to the practice (in this case, labeling UFC athletes as independent contractors). A temporary injunction could be obtained immediately upon filing of a lawsuit and a request from the moving party.
Payout Perspective:
This is a big win for Smith as the NLRB will likely seek a temporary injunction which will upset the status quo of the company’s independent contract athletes. If nothing else, the decision to go forward with a Complaint against Zuffa will cast a light on the UFC practice. It does not mean that the NLRB (and Smith) will prevail at the end, but it does show that the case had merit and the NLRB is willing to devote resources to it.
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