The court of appeals affirmed a district court order granting a preliminary injunction. The court held that for purposes of preliminary injunctive relief, an employer’s failure to bargain at all is a per se failure to bargain in good faith likely to cause irreparable harm absent some unusual circumstance indicating that union support is not being affected or that bargaining could resume without detriment as easily later as now.

Karykeion, Inc. owned Community Hospital of Huntington Park (Community), an acute-care hospital in California. Registered nurses at Community were represented by the California Nurses Association (CNA), subject to a collective bargaining agreement (CBA).