In a decision, Thryv, Inc., 372 NLRB No. 22, that was foreshadowed by recent invitations for briefs and prosecutorial conduct by NLRB General Counsel Jennifer Abruzzo (see our prior posts here and here), the National Labor Relations Board (“NLRB” or “Board”) issued a significant ruling on December 13, 2022, that the standard make-whole remedy for … Continue Reading
On November 10, 2021, the National Labor Relations Board announced that it is seeking public input to address whether the Board should award consequential damages to make employees whole for economic losses and under what circumstances. See Thyrv, Inc. 371 NLRB No. 37 (2021). The Board’s traditional remedy for unlawful layoffs or terminations requires that … Continue Reading
In a landmark decision, the National Labor Relation Board has imposed an array of extraordinary remedies against an employer for what the NLRB described as “egregious and pervasive violations” of the National Labor Relations Act. Pacific Beach Hotel, 361 NLRB No. 65 (2014). As the basis for its imposition of the remedies, the NLRB stated: … Continue Reading
Following a year long investigation, the Acting General Counsel of the NLRB has issued a complaint against The Boeing Company, alleging that the company illegally assigned work to be performed on its 787 Dreamliner airplane to a non-union South Carolina facility, rather than at the the company’s Washington and Oregon facilities, where the employees are represented … Continue Reading
Acting NLRB General Counsel Lafe Solomon reiterated a commitment to seek ways for unions to gain greater access to employer property during organizing situations, as well as gain greater leverage in first contract negotiations. In his GC Memorandum 11-11.pdf dated April 12, 2011, the Acting General Counsel identified the types of matters that are required to be … Continue Reading
This week NLRB Acting General Counsel Lafe Solomon announced in Memorandum GC 11-06 that certain special remedies in first contract bargaining cases could be sought by Regional Directors without getting further approval. Specifically, the Acting General Counsel said that “notice-reading, certification-year-extension, and bargaining-schedule remedies have been authorized when certain fact patterns are present. Accordingly, when … Continue Reading
The National Labor Relations Board has ordered an employer to bargain with a union for at least 16 hours per week and to submit a progress report to the NLRB Regional Director every 30 days. The case, Gimrock International involved an employer who, the Board found, had for several years failed to bargain in good faith for a first contract with the union … Continue Reading
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