Pendulum Swings at the NLRB
GC Abruzzo has issued memoranda instructing regional offices to seek “the full panoply of remedies available to ensure that victims of unlawful conduct are made whole for losses suffered as a result of unfair labor practices.”
In the case of unlawful terminations, regions are instructed to seek consequential damages, front pay, and liquidated backpay.
Examples of consequential damages can include reimbursing fees for late car loan payments and late rent and payment of monthly interest on a loan or credit cards the employee took out to cover living expenses.
In cases involving unlawful failure to bargain, regions are instructed to seek remedies such as setting a bargaining schedule, requirements for regular status and progress reports to the NLRB, reimbursement of the other party’s collective bargaining expenses, reinstatement of unlawfully withdrawn proposals, and broad cease-and-desist orders.
In cases involving unlawful conduct during an organizing drive, GC Abruzzo has instructed regions to provide a wide array of remedies, such as:
Remedies to increase union access to employees, including requiring the employer to provide employees with union contact information and allowing unions equal time to address employees at a “captive audience meeting.”
Reimbursement of the union’s organizing costs.
Both backpay and non-back pay (consequential) compensation.
Letters of apology where the settlement incorporates an unconditional offer of reinstatement.
Front pay if the employee is unwilling to pursue reinstatement.
Security provisions such as confession of judgment or promissory notes.
Admission clauses, particularly for repeat violators.