Among a series of cases decided by the NLRB before Member Becker's recess appointment ended, the pro-labor Board held that an employer who engages in bad faith conduct will be liable for the litigation expenses of both the Board's General Counsel and the affected union.

In Camelot Terrace, 357 NLRB No. 161, the employer excepted to an administrative law judge's recommendation that it reimburse both the General Counsel and the Service Employees International Union (SEIU) for litigation costs and expenses associated with bringing two consolidated cases before the judge and, subsequently, the Board. The Board, however, adopted the judge's recommendation, stating...