News & Analysis as of

Unions Make-Whole Doctrine

BakerHostetler

Not So Fast: Fifth Circuit Partially Reverses the NLRB’s Thryv Decision

BakerHostetler on

In a follow-up to our December 2022 blog post and December 2023 year-end roundup alert regarding the National Labor Relations Board’s (NLRB or Board) decision in Thryv, Inc., the United States Court of Appeals for the Fifth...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - April 2023 #3

He’s Running. President Joe Biden announced this week that he will run for reelection in 2024. President Biden has stated that he is the most pro-union president in history, so the Buzz will not be surprised if labor and...more

Polsinelli

“Outlook Not So Good” – An Employer’s Guide to the NLRB’s 2023 Agenda

Polsinelli on

“Should Employers have any hope for impartiality and good decisions from the National Labor Relations Board (“NLRB” or the “Board”) in 2023?”  Posed to the old Magic 8 Ball, the answer is “Don’t count on it.”...more

BakerHostetler

NLRB Gifts Employees Expansive Remedies in Time for the Holiday Season

BakerHostetler on

“You get more remedies! You get more remedies! Everybody gets more remedies!” Employers found to have committed an unfair labor practice (ULP) now may be required to compensate employees for interest and late fees on...more

Venable LLP

There’s a New Remedy in Town: NLRB Adds Consequential Damages as a Remedy for Unfair Labor Practices

Venable LLP on

On December 13, 2022, in a 3-2 decision, the National Labor Relations Board (NLRB or the Board) added consequential damages as a “make-whole” remedy for unfair labor practices, expanding the relief available to workers....more

Littler

National Labor Relations Board Expands Make-Whole Remedy

Littler on

On December 13, 2022, the National Labor Relations Board (“Board”) made another move to expand relief available to workers who allege unfair labor practices by their employers. Historically, employees seeking relief under the...more

Miller Canfield

NLRB Issues Twin Rulings Expanding the Scope of 'Make-Whole' Remedies and Easing Union Organizing Burdens

Miller Canfield on

​​​​​​​On December 13, 2022, the National Labor Relations Board (NLRB) expanded the remedies that may be awarded in unfair labor practice cases. The board ruled 3-2 that affected employees may recover compensation for "all...more

Miles & Stockbridge P.C.

NLRB Brings Back Micro-Units, Paving the Way for More Union Organizing

Miles & Stockbridge P.C. on

The National Labor Relations Board on Wednesday revived an Obama-era standard that will make it easier for unions to organize employees and win elections. In a 3-2 decision in American Steel Construction Inc., the Board...more

Polsinelli

Festive NLRB Provides Holiday Gifts to Unions/Employees

Polsinelli on

​​​​​​​December never is a “slow” month in “labor law land.” Even though offices are winding down and some are closing for the holidays, the National Labor Relations Board (the “Board”) always enjoys dropping a few seismic...more

Seyfarth Shaw LLP

NLRB Reaffirms Alan Ritchey Doctrine with New Make-Whole Twist

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Board reaffirmed, prospectively, the Alan Ritchey doctrine requiring employers to bargain over discretionary discipline issued to newly organized employees pre-first contract and mandated prospective...more

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