As we previously reported, the National Labor Relations Board (“NLRB” or “Board”) has indicated that it is committed to considering consequential damages as a possible make-whole remedy applicable to damages both caused by an employer’s unfair labor practice (“ULP”) and against a union for damages caused to an employer.
Consequential Damages
NLRB Takes One Step Closer to Expanding The Possible Damages Awarded to Employees Fired in Violation of the Act
By Mark Theodore, Joshua Fox & Eric Novak on
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…