News & Analysis as of

Unfair Labor Practices Remedies

Husch Blackwell LLP

Consequential? – Fifth Circuit Decision Vacates NLRB Order but Leaves Open Key Remedy Question

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On May 24, 2024, in Thryv, Inc. v. NLRB, No. 23-60132,  (5th Cir. May 24, 2024), a unanimous three judge panel for the Fifth Circuit Court of Appeals vacated a National Labor Relations Board order finding that the Employer...more

BakerHostetler

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

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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

Benesch

NLRB and DOL Clamp Down on Anti-Union Activities, Expand Unfair Labor Practice Remedies, and Restrict Handbook Policies

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In recent weeks, both the National Labor Relations Board (“NLRB” or the “Board”) and U.S. Department of Labor (“DOL”) have signaled or put into effect several pro-union initiatives. Collectively, these moves will...more

Holland & Knight LLP

NLRB Increases Penalties for Repeat Labor Law Violators

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The National Labor Relations Board (NLRB or Board) decision in Noah's Ark Processors, LLC and United Food and Commercial Workers Local Union No. 293 went beyond ruling on the issues and provided a detailed list of the...more

Williams Mullen

Tales From the NLRB: More Remedies More Often

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On April 20, 2023, the National Labor Relations Board (Board) committed itself to imposing more remedies more often when dealing with parties “who have shown a proclivity to violate the National Labor Relations Act (NLRA) or...more

Bradley Arant Boult Cummings LLP

NLRB Proclaims the Punishment Arrows in its Quiver

If the NLRB finds that you have committed an unfair labor practice (and maybe more than once), just what can it do? In Noah’s Ark Processors, a three-member panel of the board recently took an opportunity to pronounce...more

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

NLRB Opens Door to Additional Remedies for Repeated Labor Violations

On April 20, 2023, the National Labor Relations Board (NLRB) imposed a host of expanded remedies against an employer that allegedly committed a number of repeated labor law violations in the context of collective bargaining....more

BakerHostetler

NLRB Gifts Employees Expansive Remedies in Time for the Holiday Season

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“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

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

NLRB Expands Make-Whole Remedy to Include ‘Direct or Foreseeable’ Damages

Fulfilling a top priority for National Labor Relations Board (NLRB) General Counsel Jennifer A. Abruzzo’s activist agenda, on December 13, 2022, the Board issued a decision that expands, arguably beyond statutory limits, the...more

Sherman & Howard L.L.C.

TRUTH OR CONSEQUENTIALS: The NLRB Expands Make-Whole Relief

Sherman & Howard L.L.C. on

The National Labor Relations Board (NLRB) dealt employers a stinging blow this week when it created, out of whole cloth, potentially expensive new remedies in unfair labor practice proceedings in Thryv, Inc. Although...more

Burr & Forman

NLRB Expands Remedies for Violators

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As our clients know, the National Labor Relations Board (NLRB) does not only regulate unionized workforces. Rather, the Board’s rulemaking and legal decisions affect all workplaces: both union and non-union. On December 13,...more

Amundsen Davis LLC

NLRB GC Abruzzo Ordered Up ‘New Make-Whole Remedies’ for Victims of Unfair Labor Practices – and the Regional Offices Are...

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A discussed in a previous article, on September 8, 2021, the National Labor Relations Board General Counsel, Jennifer Abruzzo, issued a memorandum to all NLRB Regional Directors notifying them (and the rest of us) of her...more

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

NLRB General Counsel Issues Memo on Securing Full Remedies in Settlements

On June 23, 2022, National Labor Relations Board General Counsel Jennifer A. Abruzzo issued Memorandum GC 22-06 advising Regions that they may seek a judgment to force employers to comply with the specific terms of settlement...more

Husch Blackwell LLP

The Labor Law Insider: Beware the Unfair Labor Practice - Not Just for Unions Anymore

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In this episode, Husch Blackwell's Tom Godar, Kat Pearlstone and Sonni Nolan take an in-depth look at what an unfair labor practice is, why non-union employers need to be wary of these federal law violations, and how to avoid...more

Amundsen Davis LLC

EMPLOYERS BEWARE: PRO-UNION PRIORITIES ADVANCE AT THE NLRB

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Good, bad or otherwise… no matter your own personal or professional viewpoint, the fact is the National Labor Relations Board (NLRB) is poised to usher in new reforms and implement pro-labor priorities with the intent of...more

Jackson Lewis P.C.

GC Abruzzo’s Aggressive Remedial Agenda Begins

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On October 8, 2021, the National Labor Relations Board (NLRB) West Los Angeles regional office issued an unfair labor practice (ULP) complaint against the Daily Grill for allegedly violating section 8(a)(5) of the National...more

Fox Rothschild LLP

NLRB General Counsel Signals Stronger Enforcement Actions Against Employers, Part Two: ‘Seeking Full Remedies’

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Last month, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued not one, but two memoranda directing Regional Offices to pursue a vastly expanded array of “remedies” against employers in unfair labor...more

Manatt, Phelps & Phillips, LLP

NLRB GC Urges Use of ‘Full Panoply of Remedies’

Sending a strong message of enforcement and the potential consequences for violations of the National Labor Relations Act (NLRA), the general counsel (GC) of the National Labor Relations Board (NLRB or Board) issued a pair of...more

Littler

D.C. Circuit Rejects NLRB's Award of Attorneys' Fees and Expenses in Unfair Labor Practice Cases

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The U.S. Court of Appeals for the D.C. Circuit recently rejected the National Labor Relations Board’s attempt to expand the remedies available under the National Labor Relations Act for unfair labor practices. Building on...more

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